Strict Liability Flashcards
What is strict liability?
When a defendant can be liable even when not at fault. The mental state of the defendant does not matter.
Strict liability replaces duty and breach, but the plaintiff must still show causation and damages.
When does strict liability apply?
- animals
- abnormally dangerous activities
- products liability
Under what circumstances is there strict liability for animals?
- wild animals: whenever harm is caused
- domestic animals: when the owner knows, or has reason to know, that the animal has dangerous propensities abnormal to its class
What is the scope of strict liability for abnormally dangerous activities?
The rule of strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.
In determining whether an activity is abnormally dangerous, what factors must be considered?
- existence of a high degree of risk of harm
- likelihood that the harm that results from it will be great
- inability to eliminate the risk by the exercise of reasonable care
- extent to which the activity is not a matter of common usage
- inappropriateness of the activity to the place where it is carried on
- extent to which its value to the community is outweighed by its dangerous attributes (the “social value factor”)
What is products liability?
A manufacturer is strictly liable when an item he places in the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury
What are the criteria for a defendant to be held strictly liable for their products?
- the seller is engaged in the business of selling such a product
- the product is defective
- the defect makes the product unreasonably dangerous
- the defect causes physical harm
What are the defenses for strict liability?
- comparative negligence
- assumption of the risk
What are the categories of product defects?
- manufacturing defects
- design defects
- inadequate warnings or instructions
What are manufacturing defects?
Defects in which the product leaves the control of the manufacturer in a condition that is different than what the manufacturer intended
What are design defects?
When the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of an alternative design
What are inadequate warning or instruction defects?
When a product is unreasonably dangerous due to a lack of warning of a dangerous propensity or the steps that need to be taken to avoid that danger
What are two causes of inadequate warning or instruction defects?
- lack of warning for things that must be warned about
- a warning for the right type of thing but not given to the right type of person (the end user needs to receive the warning)
What are all of the steps to analyze strict liability for abnormally dangerous activities?
- define strict liability
- the scope of strict liability for abnormally dangerous activities
- criteria for if an activity is abnormally dangerous
- show causation
- show damages
- defenses
What are all of the steps to analyze strict liability for products liability?
- define strict liability
- criteria for a seller to be held liable
- categories of product defects (manufacturing, design, warning)
- definition of category of product defect
- show causation
- show damages
- defenses
