Strict Liability

Question 1

Standard for Strict Liability for Harm

Answer 1

Whether the activity was “abnormally dangerous.” Rest. 519.

Question 2

Factors to Consider if something is AD

Answer 2

1. existence of high risk of harm
2. likelihood that harm will be great
3. inability to eliminate the risk with reasonable care
4. inappropriateness of where activity is conducted
5. extent to which activity is not of common usage
6. extent to which value of activity is outweighed by danger
   2d Rest. 520

Question 3

When is something abnormally dangerous?

Answer 3

3d Rest. 520: if it there is a foreseeable and highly significant risk of harm even when reasonable care is used AND the activity is not of common usage

Question 4

Product Liability Standard

Answer 4

Rest. 402A
A manufacturer is liable for a defective product that poses an unreasonably dangerous risk to the consumer when the item reaches the consumer without substantial change, even if the seller exercised reasonable care and the consumer isn’t privy to the contract.
Adopted from MacPherson v. Buick

Question 5

Categories of Product Defect

Answer 5

3d. Rest. 2
1. Design Defect
2. Manufacturing Defect
3. Inadequate Instruction or Warning

Question 6

Defenses

Answer 6

1. Plaintiff’s Conduct (assumption of risk)
2. Product Misuse (unforeseeable risk to D)
3. Preemption

Contributory Negligence isn’t a valid defense to SL.

Question 7

Preemption

Answer 7

Federal regulatory action limits states’ freedom to apply their usual rules of tort liability.

Question 8

Policy Reasons for SL

Answer 8

1. manufacturer has best knowledge

2. manufacturer is in the best position to pass on the cost (critique: tort tax)