Strict Liability

Question 1

Abnormally dangerous activity

Answer 1

high risk of harm, that is not commonly found in the community, which has a risk that cannot be eliminated with due care

Question 2

Domestic animals

Answer 2

if the owner knows or has reason to know of a dangerous propensity

Question 3

Manufacturing Defect

Answer 3

The test is whether the product conforms to the defendant’s own specifications.

Question 4

Design Defect

Answer 4

• Consumer-expectation test: plaintiff must prove that the product is dangerous beyond the expectation of an ordinary consumer
• Risk-utility test: plaintiff must prove that a reasonable alternative design that is economically feasible was available to defendant, and failure to use that design rendered the product unreasonably dangerous

Question 5

Failure to Warn

Answer 5

Exists if there were foreseeable risks of harm, not obvious to an ordinary user of the product, which could have been reduced or avoided by providing reasonable instructions or warnings