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Economic Loss Doctrine, Peculiar Risk, Statutes of Limitation and  Repose, Contributory Negligence  Economic Loss Doctrine  

https://zalma.com/blog

\\u201c The economic loss doctrine is a judicially created doctrine providing  that a commercial purchaser of a product cannot recover from a  manufacturer, under the tort theories of negligence or strict products  liability, damages that are solely \\u2018economic\\u2019 in nature.\\u201d It is a  defense to tort claims that arise in construction matters and, in all  claims, relating to property damage due to mold. Under the economic loss  doctrine, a plaintiff who suffers only financial injury (as opposed to  personal injury or emotional distress, or damage to real or personal  property) as a result of another\\u2019s actions cannot seek recovery in tort.  Instead, the plaintiff is limited only to recovery under a breach of  contract theory  The economic loss doctrine does not apply to claims for breach of  warranties under the Uniform Commercial Code by a buyer of an allegedly  defective product who has sustained only property damage.  In Kriegler v. Eichler Homes, Inc. 269 Cal.App.2d 224 (1969), the courts  fully examined the economic loss rule, and drew the line of demarcation  between an economic loss and physical injury to property, including to  the defective product itself. They allowed recovery of strict liability  damages in the latter instance. California\\u2019s cornerstone strict  liability construction case permitted recovery of strict liability  damages where defectively fabricated radiant heat tubes installed in the  substandard concrete slab of the plaintiff\\u2019s residence caused failure  of the heating system and entailed emergency and permanent repairs,  removal and storage of furniture, and the need for the plaintiff and his  family to find temporary replacement shelter.  Peculiar Risk  Under the peculiar risk doctrine, an innocent third party injured by an  independent contractor\\u2019s negligence could sue the contractor\\u2019s hirer  (the developer or the general contractor) so that the injured party did  not have to rely on the solvency of the contractor to be compensated for  injuries. In California, the workers\\u2019 compensation laws create an  exclusive remedy for an employee injured on the job and if such benefits  are available\\u2014even if the injured workers\\u2019 employer carried no workers\\u2019  compensation insurance\\u2014third party claims against the hirer of his  employer are barred.