What is strict products liability?

Useful Rulings on Strict Products Liability

Recent Rulings on Strict Products Liability

76-100 of 625 results

MARK WEBB VS PREFERRED HOTEL GROUP INC ET AL

The complaint alleges negligence, breach of express warranty, breach of implied warranty, and strict products liability for the failing of Plaintiffs’ brakes in Defendants’ leased vehicle on July 6, 2017. On July 26, 2018, the Court entered default against Toyota of Downtown L.A. On October 31, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for February 21, 2020.

  • Hearing

    Nov 25, 2019

EDUARDO SALAZAR ET AL VS TOYOTA MOTOR NORTH AMERICA INC ET A

The complaint alleges negligence, breach of express warranty, breach of implied warranty, and strict products liability for the failing of Plaintiffs’ brakes in Defendants’ leased vehicle on July 6, 2017. On July 26, 2018, the Court entered default against Toyota of Downtown L.A. On October 31, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for February 21, 2020.

  • Hearing

    Nov 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

RICKY SALES VS NEUTON HOLDINGS, INC., ET AL.

(“Lime”) for negligence and strict products liability. Plaintiff alleges that on December 3, 2018, he used the Lime Application (“Lime App”) to rent a scooter. The scooter’s brakes either failed or malfunctioned, causing Plaintiff too fall from the scooter. Lime moves to compel arbitration. No party opposed the motion.

  • Hearing

    Nov 20, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ANA SILVIA ALVARADO ET AL VS CONTINENTAL TIRE THE AMERICAS L

., Ford Motor Company, and Yadira Trochez alleging strict products liability and negligence arising from an automobile collision that occurred on August 20, 2015. On March 12, 2018, Plaintiff Ana Silvia Alvarado filed a first amended complaint. On January 18, 2019, Plaintiff Ana Silvia Alvarado amended her complaint to rename Doe 21 as Defendant Fairmount Tire & Rubber, Inc.

  • Hearing

    Nov 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

PHILIP BEERE VS RONALD MILLER, PHARM.D., ET AL.

Defendants Miller and Artesia Pharmacy demur to the 2nd – 5th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 2nd – 3RD CAUSES OF ACTION STRICT PRODUCTS LIABILITY and BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY: A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way." (Soule v.

  • Hearing

    Nov 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

CAMACHO VS. JLG INDUSTRIES, INC.

Misuse of a product, such as to defeat strict products liability, is an affirmative defense: Product misuse, an affirmative defense, is a superseding cause of injury that absolves a tortfeasor of his or her own wrongful conduct only when the misuse was “ 'so highly extraordinary as to be unforeseeable.' ” (Perez v.

  • Hearing

    Nov 14, 2019

DOYLE, ET AL. V. IMERYS TALC AMERICA, INC., ET AL.

Based on these and related allegations Plaintiffs set forth three causes of action: 2 (1) Strict Products Liability; (2) Negligence; and (3) Fraud. 3 Plaintiffs now move for trial preference. 4 II.

  • Hearing

    Nov 09, 2019

LEONOR LOPEZ VS THE BICYCLE CASINO INC

BACKGROUND On February 23, 2018, Plaintiff Leonor Lopez (“Plaintiff”) filed a complaint against Defendant The Bicycle Casino LP (“Defendant”) alleging strict products liability, negligence, a breach of a duty to warn, and a breach of warranty for cracking a tooth when eating an ice cream sundae. On October 11, 2019, Defendant filed a motion for a protective order pursuant to California Code of Civil Procedure section 2025.420. Trial is set for January 13, 2020.

  • Hearing

    Nov 07, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

PEGGY KOGA, ET AL. VS LIVANOVA DEUTSCHLAND, GMBH, A FOREIGN CORPORATION, ET AL.

The complaint alleges strict products liability for a design defect, a manufacturing defect, and a failure to warn, as well as alleging negligent products liability and medical malpractice for the death of Peter Koga, which was caused from complications that resulted from an open-heart surgery and use of a Stockert Heater-Cooler System 3T on April 25, 2019. On September 3, 2019, Plaintiffs filed an application to admit Robin A.

  • Hearing

    Nov 07, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

YVONNE KOR VS MCDONALD'S 16007, ET AL.

Foods, Inc. alleging strict products liability-failure to warn, strict products liability-negligence, breach of express warranty, breach of implied warranty, fraud, and negligence for a defective coffee cup that led to hot coffee spilling on Plaintiff resulting in second-degree burns on June 2, 2017.

  • Hearing

    Nov 04, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

NGUYEN VS. MACY'S CORPORATE SERVICES, INC.

The second cause of action for strict products liability includes claims based upon defective design or manufacture of the subject sandals as well as failure to warn as to the risks of such sandals when using an escalator. (See Compl. ¶¶ 63 & 70). Defendant Crocs argues that plaintiffs are required to provide expert witness testimony to show that the sandals were defectively designed or manufactured.

  • Hearing

    Nov 01, 2019

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

(“Costco”), 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

    Nov 01, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

HUGO MEDINA ET AL VS LIQUID ASPHALT SYSTEMS INC ET AL

Jones, asserting causes of action for negligence and strict products liability. Plaintiffs alleged they were performing a roofing job when the subject tanker suddenly and unexpectedly exploded, causing them injuries. Trial is set for May 20, 2020. PARTY’S REQUEST Morey & Upton, LLP (“Counsel”) moves to be relieved as counsel for Plaintiff Jesus Torres (“Plaintiff”).

  • Hearing

    Oct 29, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DANIEL NYGREN VS ZEV TECHNOLOGIES INC ET AL

On September 27, 2016, Plaintiff Daniel Nygren (“Plaintiff’) filed a complaint against Defendants Zev Technologies, Inc. and RPT Consulting, LLC, and DOES 1-30, alleging causes of action for (1) strict products liability, and (2) negligence. On November 14, 2016, Plaintiff amended the complaint for a fictitious name and named Safariland, LLC (“Safariland”), in the place of DOE 1, as a Defendant. On June 2, 2017, Safariland filed its answer to the complaint.

  • Hearing

    Oct 28, 2019

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MANUELA LOPEZ ET AL. VS GORDON TRUCKING, INC.

ETH, Palm Harbor) Finally, and with regard to ETH only, the elements for a strict products liability cause of action are a defect in the manufacture or design of the product or a failure to warn of the same, causation, and injury. County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318; see also, Scott v.

  • Hearing

    Oct 25, 2019

ALEJANDRO JIMENEZ VS PREMIER MEAT COMPANY

[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL On April 17, 2017, Plaintiff Alejandro Jimenez (“Plaintiff”) filed this action against Defendant Premier Meat Company for negligence, strict products liability, breach of warranty, violation of Labor Code section 4558, loss of consortium, intentional interference with prospective civil action by spoliation of evidence, and negligent interference with prospective civil action by spoliation of evidence arising out of an April 17, 2015 work-related meat grinder incident

  • Hearing

    Oct 24, 2019

DOMINIC MARCUM VS EQUITY RESIDENTIAL MANAGEMENT LLC ET AL

The Complaint asserts causes of action for negligence, premises liability, and strict products liability stemming from injuries sustained by Marcum while he was riding in an elevator that came to an abrupt and sudden stop on July 11, 2017. Defendant Pacific Coast Elevator Corporation dba Amtech Elevator Services (“Amtech”) now demurs to the first and second causes of action on the grounds that each fails to state facts sufficient to constitute a cause of action and that each is uncertain.

  • Hearing

    Oct 23, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DOLORES CHURCHILL, ET AL. VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION

In Robinson, the California 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, supra, 34 Cal.4th at p. 989, quoting Jimenez v. Superior Court (2002) 29 Cal.4th 473, 482-483, italics in Robinson.)

  • Hearing

    Oct 23, 2019

  • Type

    Contract

  • Sub Type

    Breach

EDUARDO SALAZAR ET AL VS TOYOTA MOTOR NORTH AMERICA INC ET A

The complaint asserts causes of action for negligence, breach of express warranty, breach of implied warranty, and strict products liability in connection with an automobile Plaintiffs rented. Plaintiffs alleges that when Eduardo Salazar attempted to stop, the brakes did not respond causing Plaintiff to swerve in avoidance of traffic and collide with a tree. On June 8, 2018, TMNA filed an answer.

  • Hearing

    Oct 23, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

MICHAEL FARHAT, AN INDIVIDUAL, ET AL. VS JAGUAR LAND ROVER NORTH AMERICA LLC, ET AL.

Plaintiffs’ combined opposition to the motions to strike indicate that they seek punitive damages solely on the basis of their first cause of action for strict products liability.

  • Hearing

    Oct 23, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

MICHAEL HAZARD VS BURBANK AUTO PARTS ET AL

The Complaint was filed on August 5, 2016, alleged causes of action for: (1) Strict Products Liability – Manufacturing and Design Defect; (2) Negligence; (3) Strict Products Liability – Failure to Warn; (4) Breach of Implied Warranty of Merchantability; (5) Fraudulent Concealment; and (6) Claim for Punitive Damages. PRESENTATION: Hanson filed the instant motion for determination of good faith settlement on October 02, 2019, and moved on an ex parte basis to shorten the time for the motion to be heard.

  • Hearing

    Oct 18, 2019

STATE FARM GENERAL INSURANCE COMPANY V. OETIKER, INC.

The homeowners’ first amended complaint sought recovery under the Act, as well as common law claims including negligence, strict products liability, and breach of warranty. (Ibid.)

  • Hearing

    Oct 17, 2019

MIA MOORE, ET AL. VS HYUNDAI MOTOR AMERICA, INC.

(“HMA”) and Universal City Nissan: strict products liability, negligence and breach of implied warranty. On February 7, 2019, HMA served 26 Requests for Admission on each plaintiff. Neither party responded, and Hyundai moved for an order deeming the RFAs admitted. The Court granted the motion on June 13, 2019.

  • Hearing

    Oct 09, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

NATALIE RUBIO , ET AL. VS GENIE INDUSTRIES, INC. , ET AL.

The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the rolling of a Genie S-85 telescopic boom causing fatal injuries to decedent Jamie Rubio on August 31, 2017. On May 15, 2019, Defendant/Cross-Defendant Knight-Calabasas, LLC d.b.a. Calabasas Country Club filed a cross-complaint against Roes 1-100 seeking indemnity, contribution, and apportionment of fault.

  • Hearing

    Oct 08, 2019

JEFFREY R EICHEL ET AL VS ASHLAND LLC ET AL

Eichel was required to have purchased its product in order to show causation under a strict products liability—failure to warn cause of action.

  • Hearing

    Oct 04, 2019

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