Strict liability Flashcards
Strict Liability
1) possession of wild animal
2) abnormally dangerous activity
possession of wild animals
injury can result from damage or fear of animal
look for injury is not the kind of injury that does not involve the animal (i.e. trippin on the bear thinking it is a log)
can domesticated animal becomes a wild animal
yes if they have dangerous propensities
can you domesticate a wild animal?
no
abnormally dangerous activity
excavation, dynamte, chemicals, etc.
will be strictly liable for it
legal defense
assumption of risk
assumption of risk
i knew of it and did it anyways
look for sign that says flying rocks, beware of peril
Product liability
bought or using a product and it breaks and doesnt work properly
three theories of product liability
1) negligence- someone did something and didn’t tell me for it to work
2) breach warranty- sticker on box
3) SPL- Left in a defective condition, sold a commercial seller, used in a foreseeable manner, to a foreseeable user
manufacturing defect
commercial seller
foreseeable user
anyone who can be seen to use it in a manner to use it
defective
i bought it and it does not work
Inadequate or failure to warn
just look for it
strict product liability in tort
this means product liability
defense
assumption of risk