Strict and Product Liability Flashcards
What is strict liability?
When a defendant must pay damages although the defendant neither acted intentionally, nor failed to live up to the objective standard of reasonable care
What are the factors of strict liability? (6) (not products)
(1) High likelihood of harm
(2) High severity of harm (if happens)
(3) the risk is unavoidable even with due care,
(4) the activity is not common and thus not presumed to be highly valuable,
(5) the activity is inappropriate for the area, and
(6) the activity is not sufficiently valuable to the public to offset the risk
What are the common strict liability areas?
Animals and abnormally dangerous activities,
What are the limitations on strict liability?
Foreseeability, acts of God, and time and place
What is products liability?
Umbrella term for the liability of a manufacturer, seller, or other supplier of chattels to one who suffers physical harm caused by the chattel
What are the 3 theories of recovery for products liability?
Negligence, Express/Implied Warranty, Strict Product Liability
A product seller is strictly liable for defective conditions that cause harm when:
(1) The seller is engaged in the “business” of selling such a product,
(2) it is expected to and does reach the user without substantial change in the condition in which it is sold
What are the 3 types of defects in products liability?
Manufacturing defect, design defect, warning/instruction defect
Who is liable in a chain of distribution in products liability?
Anyone can be, above the consumer
What is a manufacturing defect?
When the product departs from its intended design even though all possible care was exercised
What is the risk utility test?
(1) Usefulness and desirability
(2) Likelihood that it will cause injury and seriousness of that injury (P and L)
(3) Reasonable alternative design
(4) Manufacturer’s ability to eliminate unsafe character without degrading utility
(5) User ability to avoid danger using due care
(6) User’s anticipated awareness of inherent dangers and avoidability of those dangers
(7) Feasibility of manufacturer having liability insurance
Is comparative negligence a defense to products liability?
Yes
What is the structure of a strict products liability exam answer?
(1) What is the product, (2) is there a defect (and what kind), (3) use the applicable test, (4) Does strict liability apply? (if not, use negligence), (5) Defenses
What is abnormal handling?
Misuse of a product that is not foreseeable by the manufacturer. (Defense to product liability)
Are online retailers liable for products liability?
It depends. Amazon as a storefront is probably not, but the manufacturer’s website would be.