In the case of Greenman v. Yuba Power Products, Inc.
(59 Cal.2d 57, 27 Cal.Rptr. 697 (1963)), Greenman was injured using a power
drill. He sued on the grounds of negligence and breach of warranty. Greenman
won, but more importantly, the Court reasoned that in the case of defective
products, “the liability is not governed by the law of contract warranties, but
by the law of strict liability in torts.” This was a radical departure
from product liability, and led to the modern strict liability standard.
This one single case was used to justify Restatement of
Torts §402A, which said:
Sellers are generally liable for physical injuries to
persons or property without the need to prove fault.
Privity rules are abolished
Strict liability is enforced
The consumer’s reasonable expectations defined what
counts as a “defective product.”
Every jurisdiction has now adopted Restatement of Torts
§402A.