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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation
Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document
Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction
California (state)
Effective Date
1985-04-29

Other Sections in This Document (238)

Full Text

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We follow a stream of commerce approach to strict liability in tort and extend liability to all those who are part of the “overall producing and marketing enterprise that should bear the cost of injuries from defective products.” (Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, 262 et seq. [37 Cal.Rptr. 896, 391 P.2d 168].) The doctrine of strict liability in tort has been applied not only to manufacturers but to the various links in the commercial marketing chain including a retailer (id.), a wholesale-retail distributor (Barth v. B.F. Goodrich Tire Co. (1968) 265 Cal.App.2d 228, 251 et seq. [71 Cal.Rptr. 306]), personal property lessors and bailors (Price v. Shell Oil Co. (1970) 2 Cal.3d 245, 251-253 [85 Cal.Rptr. 178, 466 P.2d 722]), and a licensor of personalty (Garcia v. Halsett (1970) 3 Cal.App.3d 319, 324-326 [82 Cal.Rptr. 420]). In holding.that strict liability in tort was applicable to lessors and bailors in Price v. Shell Oil Co., supra, 2 Cal.3d at page 254, it was pointed out that strict liability does not apply to isolated transactions such as the sale of a single lot.