STRICT LIABILITY

Question 1

Animals (strict liability)((FLORIDA))

Answer 1

WILD ANIMALS

exceptions:
1. domestic IF know of vicious propensities
(1st bite: free, 2-inifinti: STRICT LIABILITY)

2. does not apply to trespassers

((FLORIDA) liable regardless of knowledge of prior vicious propensities UNLESS (1) under age 6 OR (2) easily readable sign with BAD DOG on it))
((showing of at least NEG for livestock straying onto public road)

Question 2

Abnormally Dangerous Activity (strict liability) (2 part test)

Answer 2

1. foreseeable risk of serious harm EVEN when reasonable care is being exercised
2. the activity in question is not a matter of common usage in community where D conducts it
   ex. blasting, toxic chemicals

Question 3

Dangerous or Defective Products (strict liability) (4 part test) ((FLORIDA))

Answer 3

1. merchant D
2. product defective
3. showing that product hasn’t been altered since it left Ds hands
4. P making foreseeable use at time of injury

((FLORIDA Florida passed a statute that no seller of a food product can be held liable for weight gain or obesity or overconsumption of alcoholic beverages)

Question 4

Merchant D (strict liability-defective products)

Answer 4

“ordinarily deals in goods of this type”

-casual seller→ NO LIABILITY
-service provider→ NO LIABILITY
Ex. drs office and chair breaks
-commercial lessors
Ex. budget rent a car
-every party in a distribution is amenable to suit (no privity of K required)

Question 5

Manufacturing defect

Answer 5

If it differs from ALL others that came off that same assembly line, that makes it more dangerous than a consumer would expect (1/1,000,000)

-Safety precautions irrelevant

Question 6

Design defect

Answer 6

If P can identify a viable alternative design

• Viable if :
  (1) safer AND
  (2) economical AND
  (3) practical, if viable then STRICTLY LIABLE

Question 7

Information defect (3)

Answer 7

1. residual risk that cannot be practically designed away
   ex. kitchen knives
2. unknown residual risk
3. lacks warnings (must have adequate warnings)