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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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The Court of Appeal held that a seller of used machinery such as the defendant is not strictly liable in tort for injuries caused by a defective product: “To impose such liability would as a practical matter require all dealers in used goods routinely to dismantle, inspect for latent defects, and repair or recondition their products. ... It would in effect render used goods dealers as insurers against defects which came into existence after the original chain of distribution and while the product was under the control of previous consumers. [Citations.]” (Wilkinson v. Hicks, supra, 126 Cal.App.3d at p. 521; see Anderson v. Owens-Coming Fiberglas Corp.