Chapter 7 Flashcards
When is the owner of a domestic animal liable?
If they knew the animal was dangerous or had a propensity to harm others
Product liability
Manufacturers are liable for defective products
Privity of contract is not required
Even if the person who is harmed wasn’t the one who bought the product they can still sue
Requirements for strict product liability
- Must be defective when sold
- The defendant must normally be engaged in the business of selling that product
- Must be unreasonably dangerous bc of its defectiveness
- Plaintiff must have undergone physical harm
- The defectiveness must be the proximate cause of the injury
- The goods must not have been substantially changed from the time it was bought
Unreasonably dangerous product
- The product was dangerous beyond the expectation of the ordinary customer
- A less dangerous alternative was economically feasible for the manufacturer but they failed to produce it
Product defects
Manufacturing defects
Design defects
Inadequate warnings
Market share liability
A court can hold each manufacture responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share
Defenses to product liability
Preemption- the gov. Was supposed to regulate it Assumption of risk Product misuse Comparative negligence Commonly known dangers Knowledgable user
Tolled
Temporary suspension of the running of a prescribed period
For instance, a statute of limitations may be tolled until the party suffering the injury has discovered it
Statute of limitations of product liability
2-4 years
Statutes of repose
A statute of limitations that is not dependent on the happening of a cause of action.
Generally begin to run at an earlier date and run for a longer period of time than statutes of limitations
- outer time limits on product liability
Strict liability
The owner or manufacturer is liable for their property, animals, or products that cause harm to others
