What is the current state of the law on strict liability and economic loss cases?

MultiRegion, United States of America

The following excerpt is from Butler v. Pittway Corp., 770 F.2d 7 (2nd Cir. 1985):

The policy behind the distinction between strict liability and economic loss cases also supports our decision. Strict liability is based on the premise that a manufacturer is in the best position to insure that its products are safe and to bear the cost of liability by spreading it among its customers. Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57, 63-64, 27 Cal.Rptr. 697, 701, 377 P.2d 897, 901 (1962) (Traynor, J.); Codling, 32 N.Y.2d at 341, 345 N.Y.S.2d at 468, 298 N.E.2d at 628. This distinction: "rests ... on an understanding of the nature of the responsibility a manufacturer must undertake in distributing his products. He can appropriately be held liable for physical injuries caused by defects by requiring his goods to match a standard of safety defined in terms of conditions that create unreasonable risks of harm. He cannot be held for the level of performance of his products in the consumer's business unless he agrees that the product was designed to meet the consumer's demands." Schiavone, 81 A.D.2d at 230-31, 439 N.Y.S.2d at 939 (emphasis deleted) (quoting Seely, 63 Cal.2d at 12-13, 45 Cal.Rptr. at 23, 403 P.2d at 151). 1 In the latter situation, a

Page 12

Other Questions


What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
What is the current state of the law on due process in cases involving sexual assault cases? (MultiRegion, United States of America)
What is the current state of the law on firearms possession in drug trafficking cases? (MultiRegion, United States of America)
What authority does the Secretary of State have to promulgate regulations regarding the liability of the states? (MultiRegion, United States of America)
What is the current state of the law on warrantless entry in domestic violence cases? (MultiRegion, United States of America)
What is the current state of the law on credibility in jury instructions in criminal cases? (MultiRegion, United States of America)
What is the current state of the law regarding the Fifth Amendment right of a defendant not to testify in a civil case? (MultiRegion, United States of America)
Does the current state of the law and the unique facts of the case law dictate that a person who refuses to bow to extortion should not be forced to forsake the association? (Canada (Federal), Canada)
What is the current state of the law on bad faith inquiry in sexual assault cases? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.