Strict Liability (Module 13)

Question 1

Liability for Animals

Answer 1

Domesticated Animals = Generally No strict liability
* House pets & farm animals
* Exception if knowledge of animal’s dangerous propensities (Ex: Dog that bites humans)
* Strict liability not available to trespassers

Wild Animals = Strict Liability if possessed

Question 2

Abnormally Dangerous Activities

Answer 2

Courts generally impose two requirements for finding 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
* The activity is not a matter of common usage in the community

Common Examples:
* Explosives
* Dangerous chemical/biological materials
* Nuclear energy/high-dose radiation

Question 3

Theories of Products Liability Claims

Answer 3

1. Intent
2. Negligence
3. UCC (Implied warranties of merchantability and fitness for a particular purpose)
4. Misrepresentation/fraud
5. Strict Liability

Don’t assume because a product is involved it must be a stict liability case

Question 4

Strict Liability Elements*

Answer 4

D is a merchant (routinely deals in goods of this type)
* Casual Seller = Not Merchant
* Service Provider = Not Merchant
* Commercial Lessor = Merchant
* Everyone in distribution chain = Merchant

The product is defective
* Manufacturing Defect: Product emerges from manufacturing different from others and more dangerous than consumers would expect (Departs from its intended design)
* Design Defect: Risks associated with product’s design outweigh utility of design (show alternative design would have been safer, practical, and economically feasible)
* Information Defect: Hidden risk without adequate warnings/instructions (Warnings have to be prominent, comprehensible, and provide information about mitgating risk)

The product was not substantially altered since leaving the defendant’s control
* Presumption that product moved in ordinary channels of distribution and has no alteration

The plaintiff was making a foreseeable use of the product at the time of the injury
* Foresseable does not mean intended or appropriate