Strict Liability

Question 1

Three categories for causes of action

Answer 1

1) Liability for animals
2) Abnormally dangerous activitites
3) Products Liability

Question 2

Domesticated Animals

Answer 2

Not strictly liable unless knowledge of animals’ dangersou propsensities (particular to creature, not species).

BUT NEVER strictly liable to trespassers, no matter what.

Question 3

Wild Animals

Answer 3

Strictly liable if possessed

Question 4

Abnormally Dangerous Activities

Answer 4

Definition:
1) Can’t be made reasonably safe even with ordinary care
2) uncommon in area

Classic examples:
1) Anything involving use of explosives/blasting
2) Handling or transporting Dangerous chemical/biological materials
3) anything involving nuclear energy or high dose radiation

Question 5

Products liability theories

Answer 5

NOTE: If you see product, don’t just assume strict liability. May be several theories/causes of action. BUT if no mention, assume SL.

Question 6

Product Liabilities Elements

Answer 6

1) D is a merchant (of the good/product)
2) Product is defective
3) product wasn’t substantially altered since leaving Ds control
–ordinary chain of commerce = presumed unaltered
4) P was making a forseeable use of the product at time of injury

Question 7

Types of product defects

Answer 7

1) manufacturing defect
2) Design defect
3) information defect

Question 8

Manufacturing defect

Answer 8

Product emerges from manufacturing different from others and more dangerous that consumers would expect

Passes down to retaielr

DEFENSE: IF retailer discovers and doesn’t warn, may break chain of causation and free manufacturer of liability.

Question 9

Design Defects

Answer 9

Risks associated with product’s design outweigh utility of design

P must show alternative design that:
1) would’ve been safer
2) is practical
3) is economically feasible (about the same)

Question 10

Information Defect

Answer 10

Hidden risks without ADEQUATE warnings/instructions

Assessing adequacy:
-prominent
-comprehensible
-provide information about mitigating risk

Question 11

Affirmative defenses

Answer 11

TRADITIONALLY: If P knowingly encountered a dangerous situation, it bars recovery even if SL

MODERN: Comparative responsibility. Assign percentages of comparative responsbiilty. Reduce recovery accordingingly.

Question 12

Trespassing Animals

Answer 12

owner is SL for reasonably forseeable damage done by a trespass of animals

the owner of a tress animal is strictly liable done by the trespass as long as it was reasonably forseeable