Strict Liability

Question 1

Prima facie case of strict liability

Answer 1

1) the nature of the defendant’s activity imposes an absolute duty to make safe
2) the dangerous aspects of the activity was the actual and proximate cause of the plaintiff’s injury
3) plaintiff suffered damage to person or property.

Question 2

Liability for animals

Answer 2

1) an owner is strictly liable for reasonably foreseeable damage done by a trespass of his animals.
2) an owner is strictly liable to licensees and invitees for injuries caused by wild animals.
3) an owner is not strictly liable for injuries caused by domestic animals unless he has knowledge of that particular animal’s dangerous propensities that are not common to the species.

Question 3

Abnormally dangerous activities

Answer 3

Two requirements for finding an activity to be abnormally dangerous:

1) activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and
2) activity is not a matter of common usage in the community.

Question 4

Scope of duty owed in strict liability cases

Answer 4

The duty owed is the absolute duty to make safe the abnormally dangerous characteristics of that animal or activity.

Question 5

Defenses to strict liability

Answer 5

In contributory negligence states contributory negligence is no defense if plaintiff has failed to realize the danger or guard against it.

It is a defense if plaintiff knew the danger and his unreasonable conduct was a very cause of the harm for the wild animal or abnormally dangerous activity.

Assumption of the risk is a good defense to strict liability

Question 6

Additional elements to prove products liability

Answer 6

1) defect

2) existence of the defect when the product left defendant’s control

Question 7

Types of defects

Answer 7

1) manufacturing defects
2) design defects
3) inadequate warnings

Question 8

Manufacturing defect

Answer 8

If a product emerges from manufacturing different and more dangerous than the products that were properly made it has a manufacturing defect

Question 9

Design defect

Answer 9

When all products of the same line have dangerous propensities they may be found to have a design defect

Question 10

Proving a manufacturing defect

Answer 10

For a manufacturing defect defendant will be liable if plaintiff can show that the product failed to perform as safely as an ordinary consumer would expect.

Question 11

Proving a design defect

Answer 11

For a design defect plaintiff usually must show that the defendant could have made the product safer without serious impact on the products price or utility

Question 12

Government safety standards

Answer 12

A product’s noncompliance with government safety standards establishes that it is defective while compliance with safety standards is evidence but not conclusive that the product is not defective

Question 13

Unavoidably unsafe product

Answer 13

Manufacturers will not be held liable for some dangerous products, like knives, if the danger is apparent and there is no safer way to make the product.

Question 14

Existence of defect when product left defendant’s control

Answer 14

This will be inferred if the product moved through normal channels of distribution

Question 15

Products liability based on negligence

Answer 15

Prima facie case is the same as negligence.

Question 16

Products liability based on strict tort liability

Answer 16

Prima facie case:

1) strict duty owed by commercial supplier of a product
2) production of or sale of a defective product
3) actual proximate cause
4) damages

Question 17

Who can sue under strict tort liability

Answer 17

Users consumers and bystanders can sue.

For liability to attach the product must reach plaintiff without substantial alteration.

Strict products liability applies only to products, not to services.

Question 18

Two warranties that allow for suit by a buyer against the seller

Answer 18

Warranty of merchantability

Warranty of fitness for a particular purpose

Question 19

What are domestic animals

Answer 19

Farm animals are considered domestic animals

Question 20

Duty of care of doctors to pregnant women

Answer 20

Doctors of a pregnant women owe duty to both mother and child not to act negligently.