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March 3, 2017

A Wrongful Death Attorney Explains the Impact of Strict

Liability on California Cases

Image 1: Wrongful Death Attorney Expounds on How Strict Liability Work in Cases

When people hear the term ‘wrongful death’, it is almost always assumed that the fault solely lies on the defendant. However, under California laws, this may not always be the case. The state is considered one of the greatest proponents of what is commonly called as strict or absolute liability.

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What is strict liability?

According to a wrongful death attorney in Los Angeles, a strict liability is the assigning of legal responsibility for damages or injury on the defendant based on the elements of liability.

Strict liability has been imposed solely to guarantee that the injuries caused by a defective product are borne by manufacturers and distributors that put such product for public use, instead of the injured person who cannot protect themselves.

There are three elements to claim strict liability in California. First, that the product was used in the intended or reasonably foreseeable manner; second, the product was already in defective condition when it left the defendant’s possession; and third, the defective product is the legal cause for the plaintiff’s injuries or damages.

The legal definition of product defect can be any of the following: design defect, manufacturing defect, and inadequate instructions orwarning of safety hazards.

The Evolution of Strict Liability

As described in the general theories of liability, the plaintiff can assert a claim under the following theories: strict products liability, negligence, and breach of warranty. Fraud and deceit can also be asserted given certain circumstances. A perfect example of such assertions is the case of Buckley v. Chadwick, 45 Cal. 2d 183, 187 (1955).

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The surviving widow and son of Allen Buckley had sought damages and compensation against Fred Chadwick for his untimely death on April 19, 1951. The victim died from injuries sustained from being hit by a broken boom cable of a crane that was provided by Chadwick.

According to the court’s transcripts, the plaintiff has asserted breach of warranty (as the Chadwick proclaimed that the rented crane was in top-notch condition prior to the accident), and negligence (the boom cable was already worn out when the plaintiff used the crane) resulting to the wrongful death. However, during this time, the defendant claimed contributory negligence, which won him the case and the appeal. It was not until the Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 that the strict liability has been introduced as a way to defend plaintiffs from such cases.

Establishing strict liability is always tricky. The burden solely lies on the ability of the lawyer of the plaintiff’s side to prove that the all the three basic elements for strict liability is present to affirm the claim. Furthermore, strict liability is not only limited to manufacturers of the defective product, but it also includes distributors, sellers, and retailers.

It’s always wise to personally consult a lawyer from a reputable firm to help strengthen your wrongful death case when strict liability is a concern.

About D & Z Law Group, LLP:

California laws can be downright complicated – that’s why at D & Z Law Group, LLP, we strive to untangle the messy parts and give you clear and direct advice about your legal woes. Our utmost dedication and commitment to use every available resource to fight and obtain justice for you is our mission.

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Sources:

Protection for Retailers: Developments in Strict Product Liability and Indemnification, WestLawJournal.com

CHAPTER 15 TORTS, NEGLIGENCE, AND STRICT LIABILITY, UC.edu