Chapter 7 Flashcards
strict liability
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
abnormally dangerous animals
wild animal, you are held strictly liable
abnormally dangerous activities
demolition or blasting activities
using/transporting chemicals
storing explosives
manufacturer defects
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
manufacturer defective product proving
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
1) manufacturing defect
someone messed up during production
ex: Starbucks hot tea case
2) design defect
ex: McDonalds hot coffee case
no matter how well made or put together
3)