Strict Liability

Question 1

Wild Animals

Answer 1

Strictly liable for injuries caused by wild animals (including injuries sustained escaping).
-trespassers must show negligence

Question 2

Domestic Animals

Answer 2

Strictly liable for injuries caused by domestic animals only if they know of that animal’s dangerous propensities that are not common to the species
-trespassers must show negligence

Question 3

ADAs

Answer 3

An abnormally dangerous activity is one that is not a matter of common usage in the community and that creates a foreseeable risk of serious harm even when reasonable care is exercised.
-liability extends only to foreseeable plaintiffs
-strict liability does not apply if the injury is caused by something other than the dangerous aspect of the activity

Question 4

Products Liability

Answer 4

Plaintiff must show:
commercial supplier (in biz of selling products of that kind)
defective product
causation
damages

-anyone in distribution chain; no casual sellers
-product was not substantially altered since leaving defendant’s control
-plaintiff was making a foreseeable use of the product
-physical injury or property damage.

Question 5

Manufacturing Defect

Answer 5

Product emerges from manufacturing different from and more dangerous than the products that were made properly and the product failed to perform as safely as an ordinary consumer would expect.

Question 6

Design Defect

Answer 6

Product has dangerous propensities and defendant could have made it safer without serious impact on the product’s utility or price.
-non-compliance with government safety standards establishes it was defective

Question 7

Failure to Warn

Answer 7

Manufacturer failed to give adequate instructions or warnings as to the risks involved in using the product.

Question 8

SL Defenses

Answer 8

Contributory negligence: if the plaintiff knew of the danger and their unreasonable conduct was the cause of the harm.

Assumption of risk