Strict Liability

Yes, lessors of certain products can be found liable under a theory of strict product liability. In Stang v. Hertz Corporation, 83 N.M. 730, 497 P.2d 732 (1972), and Rudisaile v. Hawk Aviation, Inc., 1979 -NMSC- 015, 92 N.M. 575, 592 P.2d 175 (1979), the New Mexico Supreme Court extended strict product liability to lessors of particular types of products, such as vehicles and airplanes, respectively. The Court rejected, however, an effort to make a hotel operator strictly liable for allegedly defective fixtures in a room rented to a guest. Livingston v. Begay, 1982 -NMSC- 121, 98 N.M. 712, 652 P.2d 734 (1982). Unlike the lessors in Stang and Rudisaile, which leased particular products, a hotel owner that makes a one-time purchase of furniture and fixtures has no special expertise in the furniture/fixtures leased with the hotel room, nor an enduring relationship with suppliers from whom the owner could seek contribution and indemnification. Livingston, 1982 -NMSC- 121, ¶ 29. Further, “strict liability is only imposed where the product involves a risk of death or serious personal injury or substantial damage.” McDonald v. Zimmer Inc., 2020-NMCA-020, ¶ 27, 461 P.3d 930, 940 (internal quotations and citations omitted.)

 

A lessor of equipment can be found liable for strict product liability under certain circumstances and only for certain product.