Strict Liability

Question 1

Animals

Answer 1

(keep separate from negligence)

A. Trespassing Animals - SL for foreseeable harm caused by animals (other than household pets).

B. Domesticated Animals- no SL, unless know of dangerous propensities

Wild Animals - SL

Question 2

Abnormally Dangerous Activities: attributes and limitations

Answer 2

Attributes:

1. Activity is incapable of being conducted except with high risk (cannot be made safe)
2. If harm occurs, it is likely to be severe
3. The activity must be uncommon in the community
   ex. blasting, toxic chemicals, plutonium, etc.

Limitation: Harm must relate to risk.

Question 3

Products Liability: Elements

Answer 3

Pay attention to theory, can still apply negligence or warranty to products

1. Defendant must be a merchant of type of goods involved
2. The product must be defective
3. Defect existed when product left seller’s hand
4. actual & prox cause (P made a foreseeable use of product)
5. damages
   Merchant, Defective, when left, P foreseeably used

Defective:
Manufacturing - one product different in dangerous way
Design - Problem to every unit, that could have been eliminated through a “reasonable alternative design”

Existed when left: if moved in ordinary channels, give P benefit of doubt

Question 4

Products Liability: Defenses

Answer 4

Traditional Jurisdictions
Contributory negligence - careless = recovery
Assumption of Risk - knowing = no recovery

Comparative Fault - simply reduce, but won’t eliminate recovery.

Question 5

Products Liability: Hints: neg products, warning, feasible alternative, foreseeable use

Answer 5

1. When theory for products is neg, let wholesalers and retailers off the hook.
2. An adequate warning usually insulates a D from SL
3. If ? refers to “feasible alternative” for making product safer, I should find D liable on design defect theory. (regardless of warning)
4. Foreseeable use is NOT the same as intended use. ex. use chair as ladder, is foreseeable.
5. If product use is merely incidental to performance of service, no SL. (ex. P receives tainted blood from hospital)