Strict Liability Flashcards
Liability for Animals
Domesticated Animals (house and farm) - not strictly liable, but if you have knowledge of dangerous/violent propensities then strictly liable. Must be specific to animal, not species. Never strictly liable for trespasser on owner of animal w/ dangerous propensities land. To recover for their injuries trespasser must prove the owner’s negligence.
Wild Animals - An owner is strictly liable to licensees and invitees for injuries caused by wild animals (even those kept as a pet - think tiger as pet example). SL will generally not be imposed in favor of trespassers. To recover for their injuries from a wild animal a trespasser must prove the owner’s negligence.
Abnormally Dangerous Activities
Abnormally Dangerous Activities - Create a foreseeable risk of serious harm even when reasonable care is exercised AND uncommon in area. D’s liability only extends to foreseeable P’s. Harm must result from the kind of danger to be anticipated from the dangerous activity including harm caused by fleeing from the perceived danger. SL does not apply when the injury is caused by something other than the dangerous aspect of the activity.
Products Liability
Products Liability refers to the liability of a supplier of a defective product to someone injured by the product.
Products Liability: Theories
Intent
Negligence
Implied warranties of merchantability and fitness for a particular purpose
Representation theories (express warranty and misrepresentation)
Strict Liability
Products Liability: Strict Liability Elements
- D is a merchant
- Product is defective (manufacturing, design, information)
- Product was not substantially altered since leaving D’s Control
- P was making a foreseeable use of product when injury occurred (highly tested)
Merchant
Casual seller is not a merchant; service provider not a merchant; commercial lessors are merchants.
Everyone in distribution chain is merchant (I.e., manufacturer, distributer, retailer).
Product is Defective
Manufacturing Defect - product emerges different from others and makes it more dangerous than consumers expect. Departs form intended design.
Design Defect - all products are the same but have dangerous propensities; if product doesn’t conform with government safety standards product is defective; Feasible Alternative Approach
Information Defect - Manufacturer fails to warn about products risk that may not be apparent to users (hidden risks without adequate warnings/instructions)
Feasible Alternative Approach
D must show product could have been made safer without serious impact on products utility or price.
I.e., was practical and economically feasible.
Adequate Warnings
prominent
comprehensible
Provide info about mitigating risk
Product was not substantially altered
There is a presumption that no alteration if product moved in ordinary channels of distribution
P was making a foreseeable use of product when injury occurred
Foreseeable does not mean intended use.
Example - standing on chair is foreseeable but not necessarily intended use.
Nature of Damages Recoverable
Physical injury or property damage must be shown. Recovery will be denied if the sole claim is for economic loss.
Disclaimers
Disclaimers are irrelevant in strict liability cases if personal injury or property damage occurs.
Affirmative Defenses
In contributory negligence states, contributory negligence is no defense if the P has failed to realize the danger or guard against it. It is a defense if the plaintiff knew of the danger and their unreasonable conduct was the very cause of the harm from teh wild animal or abnormally dangerous activity or defective product.
Assumption of the risk is a good defense to strict liability.
Many comparative negligence states apply their comparative negligence rules to strict liability cases.
Traditional rule: knowingly encountering dangerous situation bars recover –> only use if question says traditional rules used.
Otherwise, assign percentages of comparative responsibilities.
