strict liability Flashcards

1
Q

3 categories

A

abnormally dangerous
wild animals
defective products

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2
Q

wild animals

A

strictly liability for injuries to licensees / invitees

not strictly liable for trespassers (exceptions for vicious watchdog)

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3
Q

domestic animals

A

known to be dangerous > strict liability

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4
Q

trespassing animals

A

strictly liable for foreseeable harm

exception for household pet, unless owner knows / has reason to know that pet is intruding on another’s property in harmful way

animals on public roads > negligence

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5
Q

defective product

A

defect
at time product left defendant’s control
injury from defect foreseeable

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6
Q

design defect

A

consumer expectation test

risk utility test

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7
Q

strict liability damages

A

personal injury / property damage

generally not purely economic loss; may be brought under breach of warranty theory

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