Is loss of consortium compensable in an action based on a manufacturer's or retailer's strict liability?

California, United States of America


The following excerpt is from Park v. Standard Chem Way Co., 131 Cal.Rptr. 338, 60 Cal.App.3d 47 (Cal. App. 1976):

I would go one step further and hold that loss of consortium is not compensable in an action based on a manufacturer's or retailer's strict liability. The history and rationale of strict product liability in California deals with compensation for personal injuries. It is premised on the social policy that physical injury should be compensated for by persons who are engaged in a producing and marketing enterprise. (Vandermark v. Ford Motor Co., 61 Cal.2d 256, 37 Cal.Rptr. 896, 391 P.2d 168.)

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