What is strict products liability?

Useful Resources for Strict Products Liability

Recent Rulings on Strict Products Liability

STOCKTON V. HALLIDAY MANAGEMENT

Linn (1984) 159 Cal.App.3d 245, 250, 205 Cal.Rptr. 550 [complaint alleged products liability based on manufacture and sale of liquid protein diet; plaintiffs could not avoid summary judgment by showing defendant negligently wrote book promoting diet]; see generally FPI Development, Inc. v.

  • Hearing

    Dec 11, 2020

SOPHIA NATALIE SANCHEZ ET AL VS ULTRAMAR INC ET AL

It includes causes of action for negligence – wrongful death, survival, products liability (strict), and products liability (negligence). Notably, the motion to strike on calendar today is directed at Plaintiffs’ SAC; the TAC, however, was filed after an unrelated defendant successfully challenged the SAC by way of demurrer, and the TAC does not contain any material changes that relate to today’s motion to strike.

  • Hearing

    Dec 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KRISTIN HIRAI, ET AL. VS SKATING EDGE ICE ARENA, ET AL.

-- Products Liability – Breach of Warranties (SHARK Helmets North America, LLC).

  • Hearing

    Dec 10, 2020

ALISTAIR MCMILLAN VS WHEELS LABS, INC

(“Defendant”), and Does 1 through 100 for (1) Strict Products Liability, (2) Breach of Warranty, and (3) Negligence, arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike increased in speed dramatically and hurled him towards an intersection filled with cars. Plaintiff alleges he attempted to slow the bike by releasing the throttle and applying brakes but the bike continued speeding.

  • Hearing

    Dec 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ADELE VANNINI VS PLAYHOUSE NIGHTCLUB ET AL

The Complaint asserts causes of action for: Negligence; Premises Liability; Strict Products Liability: Design Defect; Strict Liability: Failure to Warn; and Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc.

  • Hearing

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADELE VANNINI VS PLAYHOUSE NIGHTCLUB ET AL

The Complaint asserts causes of action for: Negligence; Premises Liability; Strict Products Liability: Design Defect; Strict Liability: Failure to Warn; and Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc.

  • Hearing

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CHARLES TIMOTHY DAVIS VS SIX FLAGS THEME PARKS INC, A DELAWARE CORPORATION, ET AL.

A party “involved in passing a defective product to the ultimate user … [is] not subject to strict products liability when [the] sole contribution to the pertinent transaction was a service, namely, the installation of the component into the pertinent final product.” ((Hernandezcueva v. E.F. Brady Co., Inc. (2015) 243 Cal. App. 4th 249, 259 (Hernandezcueva).)

  • Hearing

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GRACE ALBA, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SYLVIA ALBA VS SPARKLETTS, INC., A CORPORATION, ET AL.

(erroneously sued as Crystal Mountain) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to this department.

  • Hearing

    Dec 04, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ERIN BALDWIN, AN INDIVIDUAL VS BIRD RIDES, INC., A CORPORATION, ET AL.

Plaintiff alleges negligence, gross negligence, and strict products liability arising for injuries sustained on January 27, 2019 from a defective electric scooter that would not decelerate. On September 2, 2020, Defendant Bird Rides, Inc. filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for February 9, 2022.

  • Hearing

    Dec 04, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

DAVID SULLIVAN VS ATHENIAN PLACE, INC., ET AL.

The complaint alleges four causes of action: (1) Negligence – Motor Vehicle; (2) Negligence; (3) Strict Products Liability; and (4) Breach of Warranties (Express and Implied). Chavez was the driver of the Honda Accord (“Honda Accord”), and Gomez was the passenger. Plaintiffs allege Tucker struck Chavez’s Honda Accord. Plaintiffs allege Tucker caused her vehicle to collide with Parra’s vehicle, causing her and her passenger, Delatorre, injuries.

  • Hearing

    Dec 04, 2020

ROBERT PIONTKOWSKI VS VEIOLIA ES INDUSTRIAL SERVICES INC ET

Superior Court (2006) 144 Cal.App.4th 689, 695 (“The elements of a strict products liability cause of action are a defect in the manufacture or design of the product or failure to warn, causation, and injury.”). Plaintiff does not address FEI’s arguments in opposition. As such, he has not met his burden in showing there is a triable issue of fact. 4.

  • Hearing

    Dec 03, 2020

SELENA ROBLES, ET AL. VS GENERAL ELECTRIC COMPANY, ET AL.

The plaintiffs allege strict products liability, breach of implied warranty, negligence, premises liability, and negligent infliction of emotional distress arising from burns sustained on June 3, 2018. On July 30, 2020, the Court dismissed Plaintiff Luis Robles without prejudice. On August 26, 2020, Defendant Evangelina Saucedo filed a motion to amend or withdraw an admission pursuant to California Code of Civil Procedure section 2033.300. Trial is set for March 26, 2021.

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

LOHMANN VS. SAFEWAY INC., ET A

Plaintiffs filed this action alleging causes of action for premises liability, Negligence, Products Liability, Loss of Consortium, Strict Liability, and Breach of Express and Implied Warranty.

  • Hearing

    Dec 02, 2020

LOHMANN VS. SAFEWAY INC., ET A

“‘[A] plaintiff may seek recovery in a ‘products liability case’ either ‘on the theory of strict liability in tort or on the theory of negligence.’ [Citations.]” (Ibid.) In the Third Cause of Action, Plaintiffs’ claim is based on negligence theory of liability. “The rules of products liability ‘focus responsibility for defects, whether negligently or nonnegligently caused, on the manufacturer of the completed product.’ [Citation.]” (Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465, 478-479.)

  • Hearing

    Dec 02, 2020

ALLEN BENNETT, ET AL. VS FCA US, LLC, ET AL.

In Robinson, the Supreme Court recognized that “the economic loss rule allows a plaintiff to recover in strict products liability in tort when a product defect causes damage to ‘other property,’ that is, property other than the product itself. The law of contractual warranty governs damage to the product itself.” Robinson, 34 Cal. 4th at 989 (quoting Jimenez v. Superior Court, 29 Cal. 4th 473, 482-83 (2002) (emphasis in Robinson).

  • Hearing

    Dec 02, 2020

NICOLE BALL, ET AL. VS PLAN X, INC.

Second, to allege strict products liability against Defendant C&G Refrigeration Inc.

  • Hearing

    Dec 01, 2020

ISABELLE BROGGER VS JOIE RUSSO D O ET AL

Plaintiff alleges strict products liability, breach of implied warranty, negligent misrepresentation, medical malpractice, and negligent infliction of emotional distress arising from negligently prescribed medicine and negligently rendered treatment. On September 25, 2020, the Court dismissed Defendant Joie Russo, D.O. from the complaint with prejudice. On October 7, 2020, Defendant Jonathan Whitfield, M.D. filed an application for a determination of a good faith settlement.

  • Hearing

    Dec 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ROCHEL DISI VS TAD TANOURA M D ET AL

On September 18, 2019, plaintiff filed the operative third amended complaint (“TAC”) for (1) medical malpractice, (2) medical battery, (3) medical malpractice – lack of informed consent, (4) strict products liability - manufacturing defect, (5) negligent design, (6) negligence, (7) strict products liability – failure to warn, and (8) negligent products liability – failure to warn. Plaintiff names the following as defendants Tad Tanoura, M.D.

  • Hearing

    Dec 01, 2020

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation, Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

    Nov 30, 2020

CHUCKRID HUTAYANA VS YOUNG MENS CHRISTIAN ASSOCIATION OF

Plaintiff filed a Complaint on January 02, 2018, alleging five (5) causes of action sounding in: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability (Design Defect); (4) Strict Liability (Failure to Warn); and (5) Products Liability (Negligence). PRESENTATION: The instant motion was received by the Court on March 13, 2020, the opposition was received on March 24, 2020, and the reply was received on March 30, 2020.

  • Hearing

    Nov 25, 2020

MICHAEL ALLEN DENNY VS TUUYEN NGUYEN, ET AL.

Plaintiff’s counsel attests the proposed First Amended Complaint adds five causes of action: (1) Strict Products Liability (design defect); (2) Strict Products Liability (manufacturing defect); (3) Strict Products Liability (failure to warn); (4) Negligence (design; sale; manufacturing); (5) Negligence (Failure to warn). As part of the motion, Plaintiff includes a copy of the proposed amended pleading. (CRC Rule 3.1324(a).) The proposed First Amended Complaint is attached as Exhibit 6.

  • Hearing

    Nov 23, 2020

HIGGINSON VS KIA MOTORS AMERICA INC

[T]he economic loss rule allows a plaintiff to recover in strict products liability in tort when a product defect causes damage to 'other property,' that is, property other than the product itself. The law of contractual warranty governs damage to the product itself." Jimenez v. Superior Court (2002) 29 Cal. 4th 473, 483.

  • Hearing

    Nov 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

HIGGINSON VS KIA MOTORS AMERICA INC

[T]he economic loss rule allows a plaintiff to recover in strict products liability in tort when a product defect causes damage to 'other property,' that is, property other than the product itself. The law of contractual warranty governs damage to the product itself." Jimenez v. Superior Court (2002) 29 Cal. 4th 473, 483.

  • Hearing

    Nov 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation (“PolyOne”), Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

    Nov 16, 2020

MARIA DEL CARMEN VALDOVINOS ROSALES, ET AL. VS KIA MOTORS AMERICA, INC. A CALIFORNIA CORPORATION

The authorities Bigler-Engler cites, however, involve strict products liability, not fraud. Bigler-Engler has not provided any reason to apply this duty to the fraud cause of action here, and we are aware of none. Products liability law involves a set of circumstances, elements, and doctrines that are independent from, and not directly applicable to, fraud. The duties underlying each cannot simply be applied to the other. [Citation.] (Bigler-Engler, supra, 7 Cal.App.5th at 311-12, (original italics).)

  • Hearing

    Nov 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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