Strict Liability

Question 1

In a strict liability case, the P must prove….

Answer 1

duty, causation, and harm —– does not matter whether D was acting reasonably

Question 2

Abnormally dangerous activities

Answer 2

One that creates a foreseeable risk of serious harm even when reasonably care is exercised, and the activity is not a matter of common usage in the community

Ex. blasting, mining, explosives, etc.

Question 3

Wild animals

Answer 3

D strictly liable for foreseeable harms caused by wild animals (ex. skunks, bears, monkeys)

• strict liability not available to trespasser!!!!!
• for domestic animal (pet/farm animals) = negligence must be shown

Question 4

Products liability

Answer 4

D must be merchant and the product must be defective at the time it left the D’s hands

Question 5

Types of Defects (strict liability)

Answer 5

1. manufacturing defect: product departs from its intended design and it is more dangerous that expected
2. design defect: product comes out exactly as manufacture intended BUT there is an alternative design that is safer, practical, and cost-effective

Question 6

Liability under strict liability

Answer 6

Everyone in the chain of distribution is liable under a strict products liability theory

Question 7

Defense (strict liability)

Answer 7

assumption of risk, comparative negligence, or unforeseeable misuse of a product