California Court Affirms Strict Product Liability Despite Third-Party Criminal Act

A California court has given new meaning to the judicial maxim "on a clear day you can foresee forever!" In Collins v Navistar 2013 DJAR 4169, the Court of Appeals, Third Appellate District, held that a manufacturer could be held strictly liable for damages allegedly caused by a defectively designed truck windshield. In Collins, it was undisputed that the plaintiff was injured by a rock thrown by a juvenile from a freeway overpass. The 2.5 pound piece of concrete penetrated the truck's windshield, struck plaintiff in the head causing him severe brain injuries. The manufacturer predictably argued that the criminal acts of the juvenile, who pled guilty to three counts of assault with a deadly weapon and received a 12 year prison sentence, constituted a superseding cause cutting off tort liability. The appellate court found otherwise-emphasizing that the windshield failed to provide exactly the protection for which it was designed-i.e. shielding a truck driver from foreseeable road hazards. The court's rationale was summarized as follows-"so long as the road hazard is reasonably foreseeable, the manufacturer must take steps to address common risks caused by negligent drivers...