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Winsor v. Glasswerks PHX2/4/2003
is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being." 97 Ariz. at 288, 399 P.2d at 687 (quoting Greenman v. Yuba Power Prods., Inc., 377 P.2d 897, 900 (1963)) (emphasis added). The theory was not initially phrased as "strict liability," but rather "the implied warranty made by the manufacturer to the consumer." Id. In Stapley, the court expressly dealt with the issue of "whether or not the doctrine of 'Products Liability' or 'Strict Tort Liability' applies in Arizona." 103 Ariz. at 559, 447 P.2d at 251. Stapley adopted Restatement Second ยง 402, which provided for strict liability for the "one who sells" the defective product. Id. Thus, the roots of products liability in Arizona clearly tie to the entities associated with placing the product into the stream of commerce, be they seller, manufacturer or distributer.
Arizona's subsequent cases are consistent with this causal link between liability and placing the product into the stream of commerce. Torres v. Goodyear Tire & Rubber Co., 163 Ariz. 88, 91, 786 P.2d 939, 942 (1990) ("The underlying objective of the doctrine [of products liability] was to place the risk of loss on those in the chain of distribution of defective, unreasonably dangerous goods.") (emphasis added); Tucson Indus., Inc. v. Schwartz, 108 Ariz. 464, 467-68, 501 P.2d 936, 939-40 (1972) ("Strict liability is a policy device to spread the risk from one to whom a defective product may be a catastrophe, to those who marketed the product, profit from its sale, and have the know-how to remove its defects before placing it in the chain of distribution.") (emphasis added).
Arizona products law, as well as products law generally, has broadly construed the reach of products liability for those "who are involved in the chain of production or distribution of the product." Torres, 163 Ariz. at 92, 786 P.2d at 943. Our courts have found liability for those in the chain of production or distribution as a lessor, Lechuga, Inc. v. Montgomery, 12 Ariz. App. 32, 38, 467 P.2d 256, 262 (1970); those involved in used goods, Jordan v. Sunnyslope Appliance Propane & Plumbing Supplies, Co., 135 Ariz. 309, 314, 660 P.2d 1236, 1241 (App. 1983); those donating pharmaceutical products, Gaston v. Hunter, 121 Ariz. 33, 46-47, 588 P.2d 326, 339-40 (App. 1978); and trademark licensors. Torres, 163 Ariz. at 88, 786 P.2d at 939. We have not, however, expanded liability to those entities who bear no causal connection to the production or distribution of the product.
In short, a fundamental tenet of our products liability law is that compensation for injury is tied to those who have a causal connection to placing the product into the stream of commerce. The product line and continuity of enterprise exceptions at issue overlook or minimize this causal link. As another court stated in analyzing this issue:
he Restatement reaffirms the notion of a causal relationship between the defendant's acts and the plaintiff's injury -- a concept that is fundamental to tort law. The corporate successor theory as espoused by Michigan [continuity of enterprise] and California [product line exception] brush aside this bedrock requirement and impose liability on entities which in fact had no connection with the acts causing injury. Polius, 802 F.2d at 81 (emphasis added).
Other courts concur. Bourque v. Lehmann Lathe, Inc. 476 So. 2d 1125, 1129 (La. Ct. App. 1985) ("Whatever the merits of fashioning a possible remedy for plaintiff may be, it remains a basic element of our tort law that a defendant must be responsible in some manner for plaintiff
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