Strict Liability

Question 1

Strict Products Liability

Answer 1

1. Commercial supplier
2. Produced or sold defective product
3. Actual proximate cause
4. Damages

Defense: Product was substantially altered by plaintiff

Question 2

Abnormally Dangerous Activities

Answer 2

Activity that creates a risk of serious harm event if reasonable care is exercised. And activity is not common in particular community.

Question 3

Design Defect

Answer 3

Issue with the design of the product.
Plaintiff must show an alternative was economical and feasible.

Question 4

Defense to Strict Liability

Answer 4

Plaintiff knew of danger and acted unreasonably

Question 5

Domestic Animals

Answer 5

Generally no liability unless aware of vicious propensities

Question 6

Wild Animals

Answer 6

If possess, strictly liable

Question 7

Non Defective Component Parts

Answer 7

A non defective component part that is incorporated into a finished product by the products manufacturer is not strictly liable for injuries caused by the product UNLESS:

Substantially participated in the integration of the part into the final design and made final product defective.

Question 8

Learned Intermediary Doctrine

Answer 8

Insulates manufacturers or prescription drugs from liability if they provide adequate warnings to the prescribing physicians

Question 9

Can a plaintiff recover under strict products liability for damages that are only economic or damages to the product itself?

Answer 9

No.

Question 10

What warnings are manufacturers not obligated to include with a product?

Answer 10

Warnings about obvious dangers or instructions on how to conduct ordinary activities.