Strict and Products liability

Question 1

Strict Liability: Dog Bites

Answer 1

• No SL for Dog bites in VA
• But an owner of a known dangerous dog has a duty to restrain it, leash it, and muzzle it. a failure to do so is negligence per se

Question 2

Products Liability: VA distinction

Answer 2

• No SL for products in VA LOL
• Instead you can only sue under breach of warranty or negligence (the standard is the same for both)
• standard: was the product (1) unreasonably dangerous and (2) did the unreasonable danger exist when it left the manufacturers hand.
• to determine whether something is unreasonable dangerous ask (1) was there a manufacturing defect, (2) a design defect, or (3) a failure to warn
• In VA, the manufacturer has a duty to design a product with ordinary care and can be liable for foreseeable misuse
• so its really the exact same as MBE, just reworded