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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/resttpl4306 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Generally E.D.Wis.2020. Cit. generally in ftn. In consolidated actions, consumers filed claims sounding in negligence and strict liability against former manufacturer of white lead carbonate pigment, alleging that they suffered neurological impairment resulting from lead exposure when, as young children, they ingested pigment that had been applied to the walls of their homes as a component of paint. After a jury awarded plaintiffs damages, this court denied defendant's motion for judgment as a matter of law, holding that plaintiffs had no obligation to present evidence of what warnings defendant ought to have given to render the pigment not reasonably dangerous. The court noted that, while the Restatement Third of Torts: Products Liability might have required plaintiffs to present evidence as to reasonable warnings or instructions, the Wisconsin Legislature did not codify the Restatement Third until after plaintiffs initiated the lawsuits at issue. Burton v. American Cyanamid Co, 441 F.Supp.3d 705, 716. Cal.App.2020. Cit. generally in cases cit. in disc. Purchaser of laptop battery brought a claim for strict products liability against, among others, online marketplace, alleging that a laptop battery she purchased through defendant's website exploded and caused her injuries. The trial court granted defendant's motion for summary judgment. This court reversed and remanded, holding that, as a matter of first impression, the doctrine of strict products liability applied to defendant because it engaged in the business of selling products and was heavily involved in the products' distribution, storage, and facilitation of sale by acting as an intermediary between suppliers and ultimate consumers. The court rejected defendant's assertion citing Restatement Third of Torts: Products Liability § 20, Comment g, that defendant and other entities that only provided services to product distributors were outside the scope of the doctrine of strict products liability, and explained that, among other things, defendant's activities went beyond indirectly facilitating the distribution of products; furthermore, defendant failed to demonstrate whether § 20 was consistent with California law, given that California courts have not hesitated to disagree with the Restatement where it unduly limited the doctrine. Bolger v. Amazon.com, LLC, 267 Cal.Rptr.3d 601, 622. Cal.App.2020. Cit. generally in disc. and in ftn. Father, individually and as administrator of child's estate, filed strict-liability and other claims against owner of a pet store, after child contracted a rare bacterial infection from a rat sold by the store and died of complications related to the infection. The trial court entered judgment on a jury verdict in favor of pet store. This court affirmed, holding that a pet rat carrying the streptobacillus moniliformis bacteria was not subject to a product liability design-defect claim, because that bacteria did not cause sickness in rats. The court concluded that a live pet animal sold in its unaltered state was not a product subject to the design-defect consumer-expectations theory of strict-products liability under Restatement Second of Torts and the Restatement Third of Torts: Products Liability. Pankey v. Petco Animal Supplies, Inc., 264 Cal.Rptr.3d 644, 654, 655. CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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