strict liability Flashcards
3 categories
abnormally dangerous
wild animals
defective products
wild animals
strictly liability for injuries to licensees / invitees
not strictly liable for trespassers (exceptions for vicious watchdog)
domestic animals
known to be dangerous > strict liability
trespassing animals
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
defective product
defect
at time product left defendant’s control
injury from defect foreseeable
design defect
consumer expectation test
risk utility test
strict liability damages
personal injury / property damage
generally not purely economic loss; may be brought under breach of warranty theory