Kaplan Pgs 656-670 Strict Liablity and SPL Flashcards
The definition of a wild animal?
One that is not customarily devoted to the service of humankind at the time and in the place where it is kept
How do you determine if strict liability applies to an animal?
Only if the animal has a known dangerous propensity. All wild animals have this, and some domestic animals do
How would you know for sure if a dog had a dangerous propensity?
If it had previously bitten a human being. That “one bite rule“ means that the owner is presumed to know that the dog is dangerous
What are examples of situations where strict liability does not apply to possession of domestic animals whose dangerous propensities are considered to be normal?
- bulls
- stallions
- mules
- rams
- bees
What is the difference between how an owner is held to be strictly liable if his tiger bit someone or if his cat bit someone?
– tiger: because it is a wild animal it is presumed to have known dangerous propensities, so the owner would be strictly liable for any bite even if the tiger has previously been very gentle
– cat: the owner is only strictly liable if the owner should have known that the cat had a dangerous propensity
What is the deal for liability for animals when someone trespasses on your land?
– unknown trespasser: no liability
– known, frequent, or child trespassers: D is only liable for negligence if he failed to exercise due care to warn or protect the trespasser from the animal
Can a defendant raise contributory negligence as a defence to strict liability?
No
What are the things you need to address in a strict products liability situation?
– proper P
– proper D
- proper context
- defect
Who is considered to be a proper plaintiff of a strict product liability suit?
Any plaintiFF that is injured while using the defective product. This includes purchasers, consumers, friends, family, guests, employees, bystanders, and rescuers
Who are considered to be proper defendants in a product liability suit?
Commercial suppliers at all levels of the distribution chain: manufacturers, distributors, retailers, commercial lessors, new home developers, sellers of used goods
Can an occasional seller or someone that supplies goods be considered a proper defendant in a products liability suit?
No
If someone assembles component parts into a finished product, is he strictly liable for defects?
Yes, and so is the manufacturer of the common component parts
What is the situation for assembley of component parts not causing strict liability for everyone in the distribution team?
If the finished product is defective because the assembler put the component part to a use that it was not suited for, then the component manufacturer would not be liable unless he knew or had reason to know that his component part was being misused
If a person rebuilt or reconditioned used goods, would he be considered a proper defendant for strict products liability?
Yes, because he is held to be the equivalent of a manufacture, so he is strictly liable for injuries that are caused by defects in the rebuilt or reconditioned good
If you are a seller of a massmarketed new residence, can you be strictly liable for defect in those homes?
Yes
Can you be held strictly liable for a home that you sold but did not build?
No because you’re not considered to be in the distribution chain
Why are occasional or one-time sellers not considered to be proper defendants for strict product liability?
Because they’re not in a position to further the goals of the tort, which are safer products and cost spreading
What does it mean that pure economic losses cannot be obtained by a plaintiff in strict liability?
For example if it was lost profits because the defective product didn’t perform as expected, or additional expenses that were incurred in getting replacement equipment or materials, because that is just pure economic loss, it cannot be recovered. Although if the economic loss was derivative of personal injury or property damage, then it is OK
