Strict Liability Flashcards
What is SL?
Defendant is liable regardless of fault
Prima Facie est. of SL?
1) D’s activities imposed absolute duty to make safe 2) causation (actual and prox - dangerous aspect of activity caused P’s harm) and 3) damages
Animals under SL
owners are SL for reasonably foreseeable damages resulting from animal trespass on someone elses propertty
wild animals
SL to licensees and invitees for unprovoked injuries caused by their wild animals `
domestic animals
NO SL unless owner knows of animals unusually dangerous propensities (if it has never happened before, apply negligence standard)
inherently dangerous activities
1) involves risk of serious harm to person or property 2) cannot be performed without risk of serious harm no matter how much care is taken 3) activity is not commonly engaged in in this community
products liability - commercial suppliers
anyone in chain of dist. (manuf., retailers, assemblers, and wholesalers) of a product are liable to one injured by the product
theories of liability
1) intent 2) negligence 3) SL 4) implied warranty 5) express warranty/misrep
SL Elements
1) commercial supplier 2) produced or sold a defective product 3) actual and prox cause and 4) damages
defects
to establish liability, P must show that the product was defective when it left d’s control - suppliers must anticipate reasonably foreseeble uses of the product even if they are technically misuses
Manufacturing defect
a product is defective because of something that happened or did not happen that should have happened during manufacturing process (a particular product from the line is defective)
when is manufacturer liable for manufacturing defect?
Manufacturer is liable if the product was dangerous beyond the expectation of the ordinary consumer when it left manufacturer’s control
