Strict Liability Flashcards
Strict Liability
applies to dangerous activities, animals and defective/dangerous products
Elements: (1) absolute duty to make person/property safe (2) actual and proximate cause (3) Breach (4) damages
Product Liability Claims Require:
Proof that (1) D was commercial seller, (2) product was defective when it left D’s control and (3) defect caused P physical harm
abnormally dangerous activities
(1) activity is uncommon in community and (2) poses a foreseeable and high risk of harm that can’t be mitigated with exercise of reasonable care
Domestic animals
Keeper is not liable unless he knew/had reason to know of its dangerous propensities
wild animals
If P injured by animal’s characteristic propensity, D is strictly liable to invitees and licensees
trespassing animals
Owner is strictly liable for reasonably foreseeable damage caused by trespassing animal
strict product liability
D that’s in business of selling commercial product may be strictly liable for defective products causing foreseeable injuries to a plaintiff. P must prove that (1) D had an absolute duty as commercial seller of product (2) D produced or sold product (3) product was the actual/proximate cause of P’s injuries and (4) damages.
Can only be brought against commercial sellers or suppliers. Service providers NOT subject to product liability.
manufacturing defect
P must show that product failed to perform as ordinary consumer would expect
design defect - consumer expectation test
P must show that product is dangerous beyond expectations of ordinary consumer
design defect - risk utility test
P must prove that a reasonable and economically feasible alternative design was available and failure to use that design rendered the product unreasonable dangerous
failure to warn
Product must have clear and complete warning of dangers that aren’t apparent to users.
learned intermediary rule
Manufacturer of prescription drug satisfies duty to warn by warning prescribing physician of problem
Doctrine of Misuse
P who uses product in manner neither intended nor foreseeable and who sustains injury in course of misuse can’t recover under strict product liability
Implied warranty of merchantability
seller warrants that goods are reasonable fit for their ordinary purpose
implied warranty for a particular purpose
seller must know purpose and buyer must rely on seller’s skills or judgment in supplying product
express warranty
statement of material fact or promise regarding goods sold that become part of the basis of the bargain
