Strict Liability Flashcards
In what 3 cases will D be held strictly liable?
- animals
- abnormally dangerous activities
- products liability
What are the rules wrt strict liability re animals?
- domesticated animals: owners NOT SL unless have knowledge of animals dangerous propensity not common to species (so injury caused by normally dangerous characteristics of domestic animals req’s negligence - e.g. bees)Note: first bite rule, if dog bits someone then this gives owner notice of dangerous propensity
- trespassing animals: owners SL for reasonably foreseeable damage done by trespass of animals
- wild animals: owner SL to licensees and invitees for injuries cause by their wild animals
Note: SL NOT available if P is trespasser (for either animal)
Remember: vicious watchdog –> intentional tort
What are the rules wrt SL for abnormally dangerous activities?
Abnormally dangerous activity = (1) must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors AND (2) activity is not a matter of common usage
e.g. blasting explosives, storing or transporting dangerous chemicals, radiation/nuclear energy
Liability ONLY extends to foreseeable P’s.
Harm must result from kind of danger to be anticipated from dangerous activity
What are the 5 possible theories of liability a P may use in a products liability claim?
- intent
- negligence
- implied warranties of merchantibility/fitness for particular purpose
- representation theories ( express warranty, misrepresentation)
- strict liability
What are the elements of a SL products liability claim?
- D is a merchant (commercial supplier of product)
- includes manufacturer, wholesalers, retailers - NOT casual sellers - product is defective (manufacturing, design, information defect)
- product was not substantially altered since leaving D’s control
- P was making foreseeable use of product at time of injury (note: foreseeable is NOT the same as intended, there are foreseeable nonintended uses)
What are the types of defect product can have to meet defect element of claim?
- manufacturing defect - occurred in process of making
- design defects - defect in design of product itself - P must show there was a way to make product safer without serious impact to utility or price (some designs that are obviously dangerous are ok - e.g. knives)
Note: compliance with govt standards shows design defect per se - information defect - failure to give adequate instructions or warning re risks not apparent to users
How can P show that product has not been altered since leaving D control?
Showing that product moved thru normal channels of distribution - will be inferred that it was not altered.
What damages are req’d in SL products liability claim?
Physical injury or property damages must be shown (economic loss insufficient)
what is the effect of a disclaimer in PL claim?
If SL, then not relevant - can still be held SL.
What damages are avail for claims re breach of implied warrants of merchantibility and fitness?
- personal injury, property damage, AND purely economic loss (but re purely economic loss, disclaimers may be upheld)
What 2 respresentation theories may sue under for PL case?
(1) express warranty - any affirmation of fact or promise concerning goods that becomes part of the basis for the bargain
- consumer, user, or bystander can use (if not buyer, then need not have relied on representation)
- SL
- disclaimers effective if consistent with warranty
(2) misrepresentation of fact - statement of material fact concerning quality or uses of goods + seller intended to induce reliance
- SL
- req’s justified reliance
What defenses are available to SL D?
- assumption of risk
- contributory negligence - but NOT if P failed to realize danger or guard against it (only if they knew of danger and unreasonable conduct caused harm)
- comparative negligence
