About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (Fall 2023)

handle is hein.ali/resttpl4311 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TORTS 3D: PRODUCTS LIABILITY CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products Cal.App.2022. Quot. in diss. op. User of dirt bike sued, among others, distributor of dirt bike, alleging that defendant should be liable for plaintiff's vehicular accident that arose as a result of the negligent assembly of the dirt bike by defendant's authorized dealer. The trial court entered judgment on a jury verdict for defendant. This court reversed in part and remanded, holding that the trial court erred in denying plaintiff's request to instruct the jury that defendant had a nondelegable duty to deliver a non- defective dirt bike to plaintiff. The dissent argued that the majority deviated from Restatement Third of Torts: Products Liability § 1, because it sought to impose liability on defendant for injuries caused by a product that was not defective at the time it left defendant's possession. Defries v. Yamaha Motor Corporation, U.S.A., 300 Cal.Rptr.3d 670, 690. § 2. Categories of Product Defect Cal.App.2022. Quot. in sup. and in diss. op.; com. (c) quot. in sup. and in diss. op. User of dirt bike sued, among others, distributor of dirt bike, alleging that defendant should be liable for plaintiff's vehicular accident that arose as a result of the negligent assembly of the dirt bike by defendant's authorized dealer. The trial court entered judgment on a jury verdict for defendant. This court reversed in part and remanded, holding that the trial court erred in denying plaintiff's request to instruct the jury that defendant had a nondelegable duty to deliver a non-defective dirt bike to plaintiff. The court cited Restatement Third of Torts: Products Liability § 2 in pointing out that manufacturers who delegated assembly to subsequent sellers could be subject to liability under the theory of vicarious liability for defects introduced after it left the hands of the manufacturer. The dissent argued that the majority's rule deviated from § 2, because § 2 did not automatically impose liability on upstream manufacturers without proof that a defect existed at the time it left the manufaturers' possession. Defries v. Yamaha Motor Corporation, U.S.A., 300 Cal.Rptr.3d 670, 679, 681, 690, 691. Wis.2022. Cit. and quot. in sup., cit. in case cit. but not fol., cit. in conc. op. and in diss. op.; subsecs. (a) and (c) cit. in sup.; subsec. (b) cit. in sup., cit. and quot. in diss. op.; com. (f) cit. and quot. but not fol., cit. in ftn. to conc. op. Utility worker brought, among other things, a strict-products-liability claim against manufacturer of lifting tongs, alleging that defendant's lifting tongs were defectively designed, COPYRIGHT (2023 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most