Comparative Fault and Strict Products Liability: Are They Compatible?
Colin Hickey · Pepperdine Digital Commons (Pepperdine University) · 1978
Comparative Fault and Strict ProductsLiability: Are They Compatible?1. Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226, 119 Cal.Rptr.858 (1975).2. The use of the term "strict products liability," in this comment, describes the cause of action established by the California Supreme Court in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57,377 P.2d 897, 27 Cal.Rptr.697 (1963).It is to be distinguished from strict liability, based on concepts of warranty, and from the traditional concept of strict liability in tort for abnormally dangerous activities.3. 17 Cal.3d 359, 370, 551 P.2d 398, 404, 131 Cal.Rptr.78, 84 (1976).4. See note 1, supra. 5. See note 3, supra (Clark, J. dissenting).10.Id. at 462, 150 P.2d at 441. 11.Id. at 467-68, 150 P.2d at 443-44.12. Prosser, The Assault Upon the Citadel (Strict Liability to the Consumer), 69 YALE L.