Tendering Claims to Manufacturers, Suppliers

The birth of modern-day product liability law was arguably delivered in 1963 by the California Supreme Court in <i>Greenman v. Yuba Power Products,</i> 59 Cal. 2d 57 (1963). Today, product liability law is commonly understood to mean that all participants in the chain of distribution of a defective product are strictly liable for injuries caused by that product. Strict liability generally means that any seller in the distribution chain is liable if the product is defective, even if the seller was not responsible for making that product defective. There are a variety of different sellers in today's global economy that partially or completely assemble or manufacture their products and can be held responsible for defects even if not sued in the original action. Sellers in the distribution chain are vast and include manufacturers, suppliers, distributors, wholesalers, and retailers. Those lower in the distribution chain (<i>i.e.,</i> those closer to the ultimate purchaser of the product) often seek defense and indemnity from upstream participants.

25 minute read March 29, 2007 at 09:44 AM

By

Brian W. Fields