Strict liability Flashcards
When does SL apply for domestic animals
Owner has knowledge of animal’s dangerous propensities that are NOT common to the species (ie a golden retriever being a dog that likes eating humans)
When does SL apply for trespassing animals
When owner’s animals trespass onto another’s property and trespass and damage were reasonably foreseeable
An owner of wild animals is SL to _________ for injuries caused by wild animals (even those animals kept as pets) while those __________ are on the owner’s land
licensees and invitees
Does SL apply for trespassers who are injured by a wild animal
NO unless trespassers proves owner’s negligence
LIst (2)
What are the requirements for an activity to be deemed abnormally dangerous
- activity creates foreseeable risk of serious harm even when reasonable care is exercised by all actors to eliminate risk
- the activity is NOT one of common usage in the community (common usage =common activity that is used by the community to achieve a goal)
common examples: blasting, manufacturing explosives, storing or transporting dangerous or biological chemicals, anything involving radiation or nuclear energy
Who does D’s liability extend to under abnormally dangerous activities?
foreseeable Plaintiffs
From what type of harm does SL in abnormally dangerous activities or animals arise?
harm resulted from danger that was anticipated from the activity or animal includes harm cause by fleeing from perceived danger
If the D exercises reasonable care will s/he be relieved of SL?
NO! will still be strictly liable
List (6)
What theories of liability can P use under products liability claim
- Intent
- Negligence
- IWM - implied warranty of merchantability
- IWF - implied warranty for fitness for a particular purpose
- Representation theories - misrepresentation of fact and express warranty
- Strict Liability
If a question does not indicate what theory of liability the P is using, apply:
Strict liability
List (4)
To find liability thru SL theory for product liability, P must show:
- D is a merchant
- Product is defective
- Product was not substantially altered since leaving D’s control, and
- P was making foreseeable use of product at time of injury
List (2)
What types of merchants does SL extend to
- commercial lessors
- commercial suppliers in the distribution chain
List (2)
What types of merchants are NOT liable under SL
- casual sellers
- service providers
Is a contractual relationship btwn P and merchant needed to recover under SL theory
NO!!
and a yes answer (yes K relationship required) is a fav wrong answer
List (3)
Types of product liability defects under SL theory
- Manufacturing defects
- Design defects
- Information defects
For manufacturing defects P must show
product failed to perform as safely as an ordinary consumer would expect
USE: “products departs from its intended design”
List (3)
For design defects P must show
- dif. design would have made it safer
- dif. design would have been practical
- dif. design would have been economically feasible
For information defects P must show
lack of adequate warnings for user or “learned intermediaries” (ie prescribing physician)
Misuse of product must have been
foreseeable
Is contributory negligence a defense to SL?
- P fails to realize danger or guard against it - NO CN DEFENSE for D to use
- P knew of danger and unreasonable conduct was cause of harm - CN DEFENSE APPLIES for D to use
lis (3)
PFC in products liability based on strict liability in tort
- D is a commercial supplier
- D produced or sold a product that was defective when it left the D’s control
- product actually and proximately caused damage to the P’s person or property.
Whether an activity is abnormally dangerous is a question of law that the court can decide on a motion for a directed verdict.
When no evidence of negligence is presented, the only way for the P can survives the D’s directed motion verdict, is if the court finds that a strict liability standard applies
and remember a directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove their case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff’s favor
Depending on the circumstances, strict liability may be imposed on the owners of what type of animals?
A Wild animals only
B Wild animals and domestic animals, but not trespassing animals
C Wild animals and trespassing animals, but not domestic animals
D Wild animals, domestic animals, and trespassing animals
D Wild animals, domestic animals, and trespassing animals
To be abnormally dangerous, the activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors.
The owner of an animal is strictly liable for damage caused by the animal if it __________.
A attacks a trespasser
B is a farm animal with dangerous propensities typical for that species
C commits an unforeseeable trespass
D is a dog with known dangerous propensities
D is a dog with known dangerous propensities.
The owner of a dog or other family pet with known dangerous propensities will be held strictly liable for damage caused by the animal. Normally, the owner of a domestic animal is not strictly liable for injuries it causes. Strict liability will attach, however, if the owner knows of the domestic animal’s dangerous propensities, i.e., propensities more dangerous than normal for that species. This rule applies even if the animal has never injured anyone.
If an animal commits an unforeseeable trespass, the owner of the animal will not be held strictly liable for damage caused by the animal. The owner is strictly liable for damage caused by the trespass of her animal only if it was reasonably foreseeable.
