Can a plaintiff bring an action against a manufacturer based upon strict liability or breach of warranty liability?
California, United States of America
The following excerpt is from Charles D. Warner & Sons, Inc. v. Seilon, Inc., 112 Cal.Rptr. 425, 37 Cal.App.3d 612 (Cal. App. 1974):
'While an action based upon a manufacturer's strict liability or breach of warranty liability does not sound in negligence, we believe, upon a parity of reasoning, that the rule of construction applicable to an agreement where one seeks indemnification from his own negligence is equally applicable here. (Goldman v. Ecco-Phoenix Elec. Corp., 62 Cal.2d 40, 41, 41 Cal.Rptr. 73, 396 P.2d 377.)' 7
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