Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.

Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal duty to plaintiffs.  Finding that duty is not an element of plaintiffs’ strict liability claim, the appellate court stated: “We conclude [defendant] did not owe a preconception duty to [plaintiffs]. However, we also conclude that lack of duty was not fatal to [plaintiffs’] strict products liability claim.  Accordingly, we reverse the judgment with directions.” (Elsheref v. Applied Materials, Inc. (Cal. App. Sixth Dist.; January 27, 2014) 223 Cal.App.4th 451, [167 Cal.Rptr.3d 257].)