Liability

Question 1

Strict liability, when applied

Answer 1

i) nature of D’s activity imposes an absolute duty to make safe
ii) dangerous aspect of the activity was the actual and proximate cause of P’s injury
iii) P suffered damage to person or property

Question 2

strict liability, limits on

Answer 2

extends only to foreseeable ps and harm must result from the kind of danger to be anticipated from the activity or animal (including fleeing therefrom).
NOT applicable when the harm is caused by something other than the dangerous nature of the acitvity

Question 3

Abnormally dangerous activities (for SL)

Answer 3

Activities that create foreseeable risk of serious harm even when reasonable care is exercised by all actors; activities not of common usage in the community.

Question 4

owner of animals

Answer 4

liable for reasonably foreseeable damage by a trespass of his animals

Question 5

wild animals and other animals

Answer 5

owner strictly liable to licensees and invitees for injury caused by wild animals (even those kept as pets). Ordinarily not to trespassers unless owner aware of unusually dangerous tendency of an animal not normal to its species. Not liable for injury by domestic animals (including farm animals) unless owner aware of unusually dangerous tendency of animal not common to its species

Question 6

defenses to strict liability

Answer 6

If in a contributory negligence jx, no defense if P has failed to realize danger or guard against it. Is a defense if P knew of danger and his unreasonable conduct was cause of injury or provoked it.
AOR is good defense.
Comparative liability as applied in jx.

Question 7

Comparative negligence

Answer 7

P’s fault is not a complete bar to recovery as in contributory negl.
Partial comparative negl. : Bars P’s recovery if P more fault than D or as much as.
Practical appl;ication, when there are multiple Ds who are also Ps: e.g. a 3-way accident. Recoery would be: A P recovers only if his negl. is less than the combined of the other two. If so, they he gets his share of damages, reduced by % of fault.

Question 8

Strict Products Liability

Answer 8

OJO: only one of several theories of product liability
Elements of PFC
i) commercial supplier (any one of them in chain!) For liability to attach, product must have reached consumer substantially unaltered, i.e. defect was there when it left D’s hands
ii) produced or supplied a defective product
iii) that was the actual and proximate cause
iv) of real damages
DEFECT: must make product dangerous beyond expectations of ordinary consumer. Can be Mfg defect: one product different from others of same type; design defect: all products shared similar defect; INADEQUATE WARNING as to risk not apparent to ordinary consumer. P is entitled to presumption t hat an adequate warning would have been read and heeded.
DEFENSES:
Disclaimer NEVER a defense
AOR, can work. comparative negl. can work. Contributory negl. theory no good if P’s misuse reasonably foreseeable or P failed to discover defect