Back in April, I reported to you a curious decision from California which applied the doctrine of strict liability to a contractor who merely applied, or installed, a defective or dangerous product. California Strict Liability We discussed the decision’s application to South Carolina a month or so later. South Carolina and Strict Liability
Upon revisiting the issue, this blog is quite late in reporting to you that the California appellate decision which held E.F. Brady strictly liable during December, 2015 seems to have been vindicated as the Supreme Court denied cert. during March 2016.
The issue is open and currently undisturbed. We will see if this decision is limited to an asbestos, or human safety context or, alternatively, widely construed to impose liability on any and all contractors who unknowingly use a defective product.