Strict Liability Flashcards
(17 cards)
What are the three main areas of strict liability offenses?
(1) Liability for Animals
(2) Abnormally Dangerous Activities
(3) Products Liability
When is an owner strictly liable for the injuries caused by domesticated animals (including farm animals)?
Only if the owner knows of that animal’s dangerous propensities that are not common to the species.
When is an owner of a domesticated animal strictly liable for the damage done by the trespass of his animals?
The owner is strictly liable for reasonably foreseeable damage
To whom is an owner strictly liable for injuries caused by wild animals (even those kept as pets)?
An owner is strictly liable to licensees and invitees
An owner is NOT strictly liable to trespassers – they have to rely on negligence theories
What are the two requirements for a court to find an activity to be abnormally dangerous?
The activity…
- must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors
- is not a matter of common usage in the community
What are some examples of abnormally dangerous activities?
- Blasting or manufacturing explosives
- Storing/transporting chemicals or biological materials
- Anything involving radiation or nuclear energy
How far does strict liability for abnormally dangerous activities extend?
- Only to foreseeable plaintiffs
- Harm must result from the kind of danger to be anticipated from the dangerous activity (includes harm from fleeing)
What is products liability?
The liability of a supplier of a defective product to someone injured by the product
Elements for Strict Products Liability
- D is a merchant (commercial supplier/lessor)
* Includes entire supply chain (manufacturers, wholesalers, retailers) - Product is defective
- Product was not substantially altered since leaving D’s control
- P was making a foreseeable use of the product at the time of the injury
Is contractual privity required between P (injured) and D (merchant) in a strict products liability suit?
No!
Any foreseeable plaintiff, including a bystander, can sue any commercial supplier in the chain of distribution
What are the three types of defects? (just name)
- Manufacturing Defects
- Design Defects
- Information Defects
What is a manufacturing defect?
Product is different from and more dangerous than the products that were made properly
D must anticipate reasonable misuse
What is a design defect?
When all products of a line are the same but have dangerous propensities, they may be found to have a design defect.
What is an information defect?
A product may be defective as a result of the manufacturer’s failure to give adequate instructions or warnings as to the risks involved in using the product that may not be apparent to users
Is D liable for misuse of the product?
Yes, so long as P was making a foreseeable use of the product at the time of the injury
A “foreseeable” use does not mean an “intended” or an “appropriate” use
When will manufacturers not be held liable for dangerous products? What type of defect does this relate to?
Design Defects
Manufacturers will not be held liable for some dangerous products (e.g., knives) if the danger is apparent and there is no safer way to make the product.
What must P usually show for D to be liable for a design defect?
Feasible Alternative Approach
- D could have made the product safer
- Without serious impact on the product’s utility or price
