Chapter 7 Flashcards

1
Q

strict liability

A

fault does not matter

do not go through 4 elements

types:
1) abnormally dangerous animals
2) abnormally dangerous activities
3) manufacturer product defects
- types: manufacture, design, warning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

abnormally dangerous animals

A

wild animal, you are held strictly liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

abnormally dangerous activities

A

demolition or blasting activities

using/transporting chemicals

storing explosives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

manufacturer defects

A

in a defective condition unreasonably dangerous to the consumer

why held to different standard - because effects more people as a company vs individual:
1) encourage greater care in manufacture of products that are distributed to public
2) to relieve injured consumers from burden of proving negligence on a manufacters part

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

manufacturer defective product proving

A

1) manufactruer - defendant must show the M did it (or seller or distributor)

2) product must be in defective condition when left manufacture (or sells product)

3) product must be unreasonably dangerous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

1) manufacturing defect

A

someone messed up during production

ex: Starbucks hot tea case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

2) design defect

A

ex: McDonalds hot coffee case

no matter how well made or put together

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

3)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly