GET YOUR FREE CONSULTATION

3 Fascinating Strict Liability Tort Cases in Sacramento

Frank • Oct 24, 2018
Forest Fire — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below. 


Tort liability in personal injury cases is most often based on acts of negligence, but there are exceptions. Sometimes the responsible party is held to the strict liability tort standard, meaning that a finding of negligence or malicious intent is not required.


The most common types of strict liability tort cases are based on:

  • Product liability, in which the manufacturer is held responsible for the safety of the product (this includes pharmaceutical products).
  • Dog bite injuries, in which the owner of the dog is liable for its behavior under any circumstances other than provocation.
  • In California, employment cases of injury or harassment by a supervisor.
  • Ultra-hazardous circumstances, such as those involved with explosives or toxic substances.

Local Examples of Strict Liability Tort Cases

There’s probably no such thing as a “typical” strict liability case, since the laws vary from state to state, and in some situations, there is room for interpretation. Here are a few examples of Sacramento-area cases to illustrate what strict liability torts might look like.

SACRAMENTO KINGS PRODUCT LIABILITY SETTLEMENT

In 2009, Sacramento Kings forward-guard Francisco Garcia was lifting weights while balancing on a ball that “exploded.” The ball’s manufacturer had advertised the product as “burst resistant” and safe to withstand weight up to 600 pounds. The 195-pound Garcia was well under that limit even with a 90-pound weight in each hand, yet the ball burst, pitching him to the floor and causing a break in his right forearm.


As a result of the injury, Garcia was only able to play 25 games in the 2009-2010 NBA season, as opposed to the 58 games he played the following season. The lawsuit filed by him and the Sacramento Kings claim his loss of income among the $4 million in damages sought.


The standards of strict liability tort law hold manufacturers accountable for the claims they make in advertising, as well as the general safety of the product. Though the case settlement amount was kept confidential, their attorney reported that “The matter has been resolved in an extremely favorable manner for the Sacramento Kings franchise and Francisco Garcia.”

PG&E BLAMED FOR NORTHERN CALIFORNIA FIRES

Investigations by the California Department of Forestry and Fire Protection (Cal Fire) determined that electric power and distribution lines were the cause of at least 12 devastating fires in 2017. Trees and branches came into contact with power lines and high-speed wind gusts spread the fires faster than could be controlled.


PG&E officially responded that “under PG&E’s industry-leading Vegetation Management Program, we inspect and monitor every PG&E overhead electric transmission and distribution line each year, with some locations patrolled multiple times. We also prune or remove approximately 1.4 million trees annually.”


But regardless of how well they may have maintained equipment and managed vegetation, utilities are held under strict liability tort in
the California constitution. Even without proof of negligence, it’s estimated that PG&E will be liable for billions of dollars in damages.


Based on their view that “years of drought, extreme heat, and 129 million dead trees have created a ‘new normal’ for our state that requires comprehensive new solutions,” PG&E executives are
fighting the strict liability law. And while they may have a valid point, the problem is that without the law, insurers would almost certainly raise rates and possibly deny coverage for millions of Californians. As it stands, PG&E may be able to convince the Public Utilities Commission to allow a utility rate increase to help pass on the cost of damages to consumers.

STRICT LIABILITY FOR SEXUAL HARASSMENT

Under California’s Fair Employment and Housing Act (FEHA), an employer is strictly liable for all actions committed by a supervisor. This was upheld in the case of State Department of Health Services (DHS) v. The Superior Court of Sacramento County, in which a female employee at DHS was sexually harassed by her supervisor.


When the employer reported the supervisor’s behavior, management launched an investigation and found evidence that he had indeed “violated DHS’s sexual harassment policy.” Disciplinary action was taken, causing the man to retire.


The employee then filed a lawsuit against her former supervisor and DHS, alleging “sexual harassment and sex discrimination in violation of the FEHA.” The defense was based on two primary concepts:

  1. DHS had thoroughly implemented workplace policies and procedures designed to prevent and correct instances of sexual harassment.
  2. The plaintiff failed to take advantage of the policies and procedures, despite her training, and could have avoided the “alleged harm and damages for which she seeks relief․”


Despite the defense, the California Supreme Court ruled that “an employer is strictly liable under the FEHA for sexual harassment by a supervisor.


We further conclude that the avoidable consequences doctrine applies to damage claims under the FEHA and that under that doctrine a plaintiff’s recoverable damages do not include those damages that the plaintiff could have avoided with reasonable effort and without undue risk, expense, or humiliation.”


In other words, the employer is liable, but not necessarily required to pay for damages that could have been prevented.

What Does Strict Liability Mean to You?

If you’ve been injured under circumstances in which the other party can be held strictly liable, that doesn’t mean that you’ll automatically win your case. First, it must be proven that the damages in question were caused by the accused party. It may mean a shorter investigation period, though, since proof of negligence isn’t a factor. You also aren’t guaranteed to be compensated for all the damages you seek. The best course of action would be to contact an experienced attorney for a free case evaluation before taking further steps.

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.


At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.


This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!


- KRISTA H.


Read more client testimonials.

Why Choose Us?

  • If You Don’t Win, You Don’t Pay
  • Free Case Evaluations
  • Over 25 Years of Experience
  • Compassionate and Caring
  • Highly Rated Reviews
  • Proven Track Record
  • 24/7 Availability
  • Quick Response Time
  • And More

Our Recent Blog Posts

By Frank Penney 18 Mar, 2024
Woodland, California, was shaken by a heartbreaking incident over the weekend, resulting in the death of a two-year-old girl after being struck by a truck. According to the initial report from the Woodland Police Department, the toddler was hit by a black Dodge truck in the 300 block of West Street just after 3:45 p.m. on Saturday. Family members rushed the child to the hospital, where she succumbed to her injuries. As the investigation progressed, new details emerged, shedding light on the circumstances surrounding the tragic accident. Woodland police revealed that the owner of the truck had parked it at a 76 gas station pump before entering the store, leaving his three-year-old child unattended in the vehicle. Upon exiting the store, the owner discovered that the truck had moved forward, striking the two-year-old victim. Tragically, the three-year-old had been out of their car seat and in the driver's seat of the truck at the time of the incident. The family later identified the young victim as Ailahni Sanchez Martinez. Ailahni's parents, Rosa Martinez and Sandro Sanchez, expressed devastation over the loss of their daughter, describing her as a source of joy and happiness in their lives. They recounted witnessing the truck moving backward towards their daughter while they were setting up their taco stand nearby. Sanchez condemned the owner's actions, stating, "He left the vehicle running and with a child inside. What happened is not right." Seeking justice for their daughter, Ailahni's parents emphasized the need for accountability. Woodland police acknowledged the possibility of criminal negligence charges and confirmed that the case would be forwarded to the District Attorney's office for review. The Woodland community mourns the loss of a young life and stands in solidarity with the grieving family during this difficult time. Experience unparalleled legal representation with Frank Penney Injury Lawyers , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.
By Frank Penney 18 Mar, 2024
On Thursday morning, Carmichael experienced a four-vehicle collision that drew the attention of local authorities. Responders from the California Highway Patrol and fire departments quickly intervened to manage the situation. Around 8 a.m., a collision on Madison Avenue near Hackberry Lane disrupted the usual calm, resulting in two vehicles sustaining significant damage. The Sacramento Metropolitan Fire District documented the rescue efforts on social media as they worked to free trapped occupants. The aftermath revealed the seriousness of the incident: two individuals were transported to nearby hospitals in critical condition, while two others suffered minor injuries, with one requiring hospitalization. Photographs shared by both Metro Fire and the CHP showed the extent of the damage, including a black Ford Mustang with front and rear-end damage. As authorities investigated, eastbound traffic on Madison Avenue was temporarily halted for about an hour. The CHP's North Sacramento office led the inquiry into the cause of the collision. The community awaited answers regarding the events leading up to the incident on what had started as an ordinary morning in Carmichael. Experience unparalleled legal representation with Frank Penney Injury Lawyers , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website w ww.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis. 
11 Mar, 2024
Train accidents can have devastating consequences, resulting in severe injuries. Discover more about train accident litigation by exploring our blog.
Show More

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!

No matter where you are in Northern California, or how you reach us, we will be there for you 24/7!

You Can Bank on Frank!

Business Ad — Roseville, CA — Frank Penney Injury Lawyers
No Risk, No Fees, Guaranteed — Roseville, CA — Frank Penney Injury Lawyers
Share by: