Articles Posted in Strict Liability

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Sandblasting1-199x300Last month, a California Appeals Court issued an updated opinion on the Component Parts Doctrine, a lesser discussed area of products liability law.

Procedural History

In the case, Uriarte v. Scott Sales Co., Cal. Ct. App. (2nd App. Dist., 1st Div. 2017), the plaintiff sued Scott Sales Co. and J.R. Simplot Company, and other defendants. The plaintiff alleged that the silica sand procured from the defendants by his employer was used as a sandblasting material, which resulted in the production of airborne toxins that caused him to develop interstitial pulmonary fibrosis and other illnesses.

The defendants moved for judgment on the pleadings on the basis of the component parts doctrine. The component parts doctrine states that, “the manufacturer of a component part is not liable for injuries caused by the finished product into which the component has been incorporated unless the component itself was defective and caused harm.”

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s-newdogattack.jpgSan Diego News10 reported that 21-year-old Richard Garrison and his brother John, 20, of Valley Center were viciously attacked by a pack of Pit Bulls on November 27, 2011. The dog attack happened while the brothers and three family members were jogging on a trail near Cobb Lane and Lake Wohlford. The victims’ brother Jarrod was quoted as saying, “My brother [Richard] said, ‘I’ll take care of the dogs.’ “They basically were eating him while they kept going.”

Jarrod believes that Richard saved the life of his 9-yeay-old daughter who was with the group. Both victims were flown to Sharp Hospital where Richard underwent surgery. According to the San Diego County Department of Animal Services all four dogs were impounded and euthanized at the request of the owner.

Applicable California law

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imagesCAN49RDKSan Diego News 10 reported that 18-year-old Miguel Rojas of Escondido was fatally injured in a hit-and-run accident on July 3, 2011. The auto accident occurred at around 2 a.m. when Miguel was leaving his aunt’s house Sunday morning. As he turned left onto Washington Avenue his Dodge Caravan was hit by a 1995 Lexus traveling east on Washington, and burst into flames causing his tragic death. The driver of the Lexus 20-year-old Juan Carrillo, also of Escondido, fled the scene but was later arrested and charged with felony hit-and-run and driving without a license according to Escondido police officer Scott Walters. An unnamed passenger in the Lexus was also injured and taken to a local hospital.

Our condolences go out to Miguel’s son, other family members and friends.

Applicable California law

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UNION TRIBUNE Reporter Pauline Repard reported that drunk driving is suspected in a fatal car accident that occurred on west bound state Route 78 on August 13, 2010 in Vista. The accident happened just west of Sycamore at around 12:30 a.m.. 23-year-old Erica Oliva of Fallbrook pulled her Nissan Altima to the side of the road because one of her passengers was getting sick. The driver along with two passengers, Susana Orozco a 23 year-old woman from Escondido, and coworker at Valley View Casino, and Omar Guzman of Oceanside, exited the vehicle just before it was hit. Omar escaped injury when he stepped away from the vehicle just prior to it being hit by a Jeep Cherokee, driven by 33-year-old Debbie Sumi of San Marcos killing the two woman and injuring 21-year-old Gerardo Cortez of Oceanside who was still sitting in the Nissan.

According to CHP officer Eric Newbury, Sumi was thrown from her vehicle, because she was not wearing a seat belt, and suffered major injuries. Her 34-year-old passenger from Orange, was crushed and killed when the Jeep overturned. “We’ve had a lot of fatalities from DUIs,” Newbury said. “It’s a tragedy. Only when something like this happens is there an outrage. All the people who died today, we can’t bring them back.” Sumi was arrested at the scene, on suspicion of drunk driving and felony vehicular manslaughter, before she was transported to a local trauma center.

Our condolences go out to the friends and families of the deceased.

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THE ASSOCIATED PRESS reported that an Arizonian family’s private plane crashed on August 2, 2010, at around 1:00 p.m.. The Crane family was on their way home to Scottsdale after visiting family in San Diego. The family’s Velocity XL-RG6, a single engine plane, had taken off from Montgomery Field when the pilot, George Crane, radioed that a door was open and he was turning back. Crane attempted to go to Kearney Mesa airport to make an emergency landing, but crashed at the Admiral Baker Golf Course.

Federal investigators from the National Transportation Safety Board (NTSB) are investigating the accident to determine the cause of the crash, and if the plane door, discovered a mile from the crash site, was a contributing factor. Investigators will also look at other factors such as, the doors hinges, latch mechanism and if the plane was carrying excess weight. Tom Little, an air and safety investigator for the NTSB, stated that they will examine the wreckage later this month to make determinations as to the cause of the crash, and whether the door may have hit the plane’s engine, and or propeller.

The tragic accident caused the death of Lori Crane and her 8-yeat-old son, Austin. George Crane and his two other children, 11-year-old Summer and 10-year-old Tia, are in critical condition at local hospitals. Our condolences go out to the Crane family and friends for their loss. We also wish a speedy recovery to the injured family members.

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SAN DIEGO NEWS NETWORK reported that 60-year-old Martin Davidoff of Riverside county was severely injured with burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010. According to the California Highway Patrol, Davidoff was riding his motorcycle eastbound, at around 1:30 p.m., when he rear-ended a pickup truck, which was stopped in traffic. The impact caused the motorcycles gas tank to rupture and spill gas on the road and Mr. Davidoff, subsequently a fire ignited the fuel, covering him in flames. Passers-by pulled him from the wreckage and a Pala tribal police officer, who was in the area, put the flames out with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition.

We wish Mr. Davidoff a full and speedy recovery from his injuries.

Applicable California Law

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NORTH COUNTY TIMES Staff Writer Michael Williams reported that Carrie McKinney, a Point Loma woman in her early 20’s, will loose custody of her 6-month-old son after he was mauled by two pit bulls on April 3. The attack happened when the infant was left alone in a carrier on the floor of a friend’s apartment in Murrieta, according to police. The dogs tore off the child’s diaper and bit his scrotum after which he was rushed to Loma Linda University Medical Center where he underwent surgery. Lance Brown, chief of pediatric emergency medicine at the hospital, stated that if the child were castrated he would require a lifetime of hormone replacement therapy and possible reconstructive surgery. “While such an injury is not life-threatening, it is massively life-altering,” he said. The two dogs will be quarantined and then euthanized at the regional animal shelter in Lake Elsinore.

Applicable California Law

California Civil Code3342. (a) provides that the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.