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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Peterson v. Superior Court, 899 P.2d 905 (1995)

Citation
Peterson v. Superior Court, 899 P.2d 905 (1995)
Parent Document
Peterson v. Superior Court, 899 P.2d 905 (1995)
Jurisdiction
California (state)
Effective Date
1995-08-21

Other Sections in This Document (225)

Full Text

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(1964) 61 Cal.2d 256, 262-263 [37 Cal.Rptr. 896, 391 P.2d 168] for imposing strict liability upon the retailer of a defective product do not apply to landlords: “Strict liability on the manufacturer and retailer alike affords maximum protection to the injured plaintiff and works no injustice to defendants, for they can adjust the costs of such protection between them in the course of their continuing business relationship.” The defendant observed that a subsequent purchaser of a rental property never was in a business relationship with the builder and does not have a continuing business relationship with the builder that would permit adjustment of the cost of protecting tenants. The defendant also likened the landlord that purchases a building that is not new, to a seller of used machinery—such a seller not being strictly liable in tort. (Becker, supra, 38 Cal.3d 454, 465.) We rejected these arguments in Becker,