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
Original Source: https://www.courtlistener.com/opinion/1172788/becker-v-irm-corp/ ↗

Full Text

1,235 chars

The next year, strict liability was extended to retailers. (Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256 [37 Cal. Rptr. 896, 391 P.2d 168].) The rationale articulated in support of this extension was that "Retailers like manufacturers are engaged in the business of distributing goods to the public. They are an integral part of the overall producing and marketing enterprise that should bear the cost of injuries resulting from defective products.... Strict liability on the manufacturer and retailer alike affords maximum protection to the injured plaintiff and works no injustice to the defendants, for they can adjust the costs of such protection between them in the course of their continuing business relationship." (Id. at pp. 262-263, italics added.) We later held that lessors and bailors of personal property similarly might be held strictly liable, after stressing "the necessity for a continuous course of business as a condition to application of the rule...." (Price v. Shell Oil Co. (1970) 2 Cal.3d 245, 253-254 [85 Cal. Rptr. 178, 466 P.2d 722].) As I shall discuss, this requirement of a continuing relationship which avoids "injustice" to defendants is given no meaningful consideration in the majority approach.

Other Sections in This Document (238)

Full Text