Strict Liability

[bokaba]

What is the name of your state (only U.S. law)? CA

As I recall, California generally applies a strict liability standard in products liability cases for personal injury. Is strict liability available for products that cause damage to personal property (assuming the item is a product, the seller is commercial and regularly engages in the sale of the product, a manufacturer, or distributor)?

 

[tranquility]

Of course not. Most injuries in life are, in some way, "caused" by a product. How about you tell us what happened rather than supply bare theory?

 

[OLS]

It does not, but then it depends in certain cases. Too little information to comment on anything other than that.

 

[quincy]

Restatement (Second) Torts, §402A on Strict liability (liability without fault):

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.