The following excerpt is from Best v. Harris Moran Seed Co., CASE NO. 11cv2482 - IEG (JMA) (S.D. Cal. 2012):
This rule referred to as the economic loss rule also bars the recovery of damages in a products liability action when the injury is only to the defective product itself and not to property other than the defective product. See Jimenez v. Sup. Ct., 29 Cal. 4th 473, 483 (2002); see also id. ("The law of contractual warranty governs damage to the product itself."). However, "the economic loss rule does not necessarily bar recovery in tort for damage that a defective product (e.g., a window) causes to other portions of a larger product (e.g., a house) into which the former has been incorporated." Id. For a party to show that the defective product is a component of a larger product for which damage to the larger product is considered damage to "other property,"
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the party must show that "the defective part is a sufficiently discrete element of the larger product that it is not reasonable to expect its failure invariably to damage other portions of the finished product." KB Home v. Sup. Ct., 112 Cal. App. 4th 1076, 1087 (2003). This determination is a question of fact for the jury to decide. Id.
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