strict and product liability Flashcards
strict liability
- animals
- abnormally dangerous activities
- defective products
domestic animals
no strict liability UNLESS owner knows or has reason to know the animal’s dangerous propensity
wild animal
strict liability regardless of precautions
not generally liable for harm caused by trespassers
abnormally dangerous activities
not common in an area
+
creates a high risk of harm to someone or something
products liability
defects in
- manufacturer
- design
- failure to warn
manufacturing defect
built wrong
deviated from its intended design + fails to conform with og design
consumer expectation test
design defect
πmust show that the product was less safe than the ordinary consumer would expect
risk-utility test
design defect
πmust show that the product’s risk outweigh benefits AND there is a reasonable alternative design
failure to warn
(1) πwas not warned of the risk
(2) risk was NOT obvious AND
(3) designer/manufacturer was aware of the risk
scope of products liability
π= any person foreseeably injured
∆= merchant in the chain of command
- manufacturer
- wholesaler
- retailer
