Strict Liability - Manufacturing Defect

1. The defendant manufactured/distributed/sold the product;

2. The product contained a manufacturing defect when it left the defendant’s possession;

3. The plaintiff was harmed; and

4. The product’s defect was a substantial factor in causing plaintiff’s harm.

“A manufacturing defect occurs when an item is manufactured in a substandard condition.” Gonzalez v. Autoliv ASP, Inc., 154 Cal.App.4th 780, 792 (2007).

“[A] defendant involved in the marketing/distribution process has been held strictly liable if three factors are present:

(1) the defendant received a direct financial benefit from its activities and from the sale of the product;
(2) the defendant’s role was integral to the business enterprise such that the defendant’s conduct was a necessary factor in bringing the product to the initial consumer market; and
(3) the defendant had control over, or a substantial ability to influence, the manufacturing or distribution process.”

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