CH11- Strict Liability

Question 1

Liability without fault

Answer 1

Liability without fault- Being held liable even if you took the right & reasonable steps.

• Contract liability is based on strict liability
  principles.
• The doctrine of strict liability only applies
  in a few specific types of tort cases.
  1. Abnormally dangerous activities
  (Blasting, keeping wild animals, and the like)
  2. Product liability

Question 2

Product liability

Answer 2

Product Liability refers to the liability of
manufacturers and sellers of products when
products cause injuries or property damages
to consumers, users, or bystanders.

• Product Liability claims are brought under
  four theories of recovery:
  1. Warranty
  2. Misrepresentation
  3. Negligence
  4. Strict Liability

Question 3

Negligence

Answer 3

The duty of product manufacturers is to
exercise due care to make their products safe.

• Due care must be exercised in design,
  material selection, production, assembly,
  testing, and placement of warning labels.
• The duty of care is breached by a
  manufacturer whenever they are not careful
  with respect to any part of the manufacturing
  process.

Question 4

Strict liability

Answer 4

Beginning in the 1960s, the doctrine of strict liability has been
applied to products and damages resulting from their use.
* The doctrine is recognized by courts in every state except
Massachusetts.
* Under the doctrine, sellers are generally liable for the damage
caused by the products they sell regardless of whether they are
at fault.
* Sellers include every step in the distribution chain:
manufacturers, processors, assemblers, packagers, bottlers,
wholesalers, distributors, retailers.

Question 5

Elements of strict liability

Answer 5

There are six elements:
1. The product was in a defective condition when sold.
2. The defendant must be in the business of selling
such products.
3. The product must be unreasonably dangerous.
4. The plaintiff must have damages.
5. The defect must be the proximate cause of the
damage.
6. The product must not have changed substantially
between the sale and the injury.

Question 6

Unreasonable danger

Answer 6

A product is unreasonably dangerous if:
1. The product is dangerous beyond the
expectation of the ordinary consumer, or
2. A less dangerous alternative was economically
feasible for the manufacturer, but the
manufacturer failed to produce it.
Strict Liability
* Three types of claims are generally advanced:
1. Flaw in manufacturing

Question 7

Types of unreasonably dangerous claims

Answer 7

Three types of claims are generally advanced:
1. Flaw in manufacturing
2. Design defect
3. Inadequate warning

Question 8

Flaw in Manufacturing

Answer 8

If the product is flawed in some way due to
a manufacturing defect that makes the
product dangerous, the manufacturer will be
liable, notwithstanding the care involved in
manufacturing.
* If the manufacturer was also negligent, then
recovery is available under either a theory
of negligence or strict liability.

Question 9

Design Defects

Answer 9

A product that is perfectly manufactured
may be unreasonably dangerous
nonetheless if some defect in design makes
the product faulty.
* Plaintiffs must generally show that a safer
alternative was available and economically
feasible to manufacture.

Products must not be unreasonably
dangerous when used correctly, but the rule
applies to foreseeable misuse of the product
as well.
* That is, products must be safe when used
properly and they must also be safe when
used in a foreseeable manner that is
improper.

Question 10

Inadequate warning

Answer 10

Manufacturers have a duty to warn of
product dangers unless such dangers are
well-known or obvious.
* Manufacturers must warn of the dangers of
foreseeable misuse as well.

Question 11

Defenses to strcit liability

Answer 11

Assumption of the risk
* Unforeseeable Misuse
* Comparative/contributory negligence
* Commonly known dangers
* Product alteration