Strict Liability & Products Liability

Question 1

Strict Liability

Answer 1

1) Absolute duty to make P’s person or property safe

2) Actual & proximate causation

3) Damages

Dangerous activities, animals, dangerous/defective products

Question 2

Wild Animals

Answer 2

D is S/L forany harm done or fearful reactions regardless of precautions

Question 3

Abnormally Dangerous Animals

Answer 3

D is S/L for injuries if D knows or has reason to know of dangerous propensities AND damage caused by animal trespassing

Question 4

Products Liability - Negligence

Answer 4

1) Duty - reasonable care is owed to any foreseeable Plaintiffs by commercial manufacturers, distributors, retailers, and sellers

2) Breach - failure to exercise reasonable care in the inspection/sale of a good

3) Causation - factual & proximate

4) Damages - must be actual injury/property damage

Defenses - contributory neg, comparative neg, and AOR

Question 5

Strict Products Liability - Elements & Defenses

Answer 5

1) product was defective,
2) defect existed when it left D’s control, AND
3) defect caused P’s injury during reaosnable use

Defect = manufacturing defect, design defect, failure to warn

D must be in business of selling

Defenses: comparative fault, contributory neg, AOR, unforseeable misuse, compliance with giv standards, stet-of-art, SOL

Question 6

Warranties - Types & Defenses

Answer 6

Merchantability - assures product is acceptable & fit for ordinary use

Fitness - product is fit for its particular purpose

Defenses: reasonable disclaimer, comparative fault, AOR, contributory neg, misuse