Strict Liability Flashcards
Claims for injuries caused by animal can divide into to subgroups
Injuries by domestic animals
Injuries by wild animals
Domesticated animals: the general American rule is that you are/aren’t generally strictly liable for domestic animals.
Aren’t
What is the exception to the American rule that owners of domesticated animals are NOT strictly liable for their animals?
You will be strictly liable for your domestic animals if you have prior knowledge of their vicious propensities.
With dogs, you will be held to have knowledge of his vicious propensities IF . . .
He has bitten someone in the past.
What is the exception TO THE EXCEPTION to the American rule that owners of domesticated animals are NOT strictly liable for their animals? The exception being that you will be strictly liable for your domestic animals if you have prior knowledge of their vicious propensities.
Not strictly liable if your animal injures a trespasser on your own land.
What is the strict liability rule for wild animals?
Always strictly liable.
In a wild animal questions, safety precautions are/aren’t legally relevant.
Are NOT
Wild animals include . . .
Any animals other than domestic animals.
Domestic animals generally include . . .
Pets and farm animals
Strict liability applies to abnormally dangerous activities. T or F?
True
An abnormally dangerous activity is . . . (2)
A foreseeable risk of serious harm even when reasonable care is exercised (we can’t make it safe)
The activity must be uncommon in the area in which D pursues it.
Abnormally dangerous activities are usually one of the following: (3)
Blasting
Dangerous chemicals/biological materials
Radiation or nuclear energy
Under the Abnormally Dangerous Activity Doctrine, the person conducting the ADA is/isn’t the one strictly liable for any harm flowing therefrom.
Is
Strict liability applies to dangerous/injuries products. True or False?
True
If the call of the question says Patricia sued the Dep’t Store for negligence, can you apply strict liability?
NO!
What are the four elements of strict liability for products?
D was a merchant.
He produced or sold a defective product
That product was the actual and proximate cause
Of P’s damages/injuries
Are service-providers merchants? (e.g., doctor who lets you use a chair)
No
Are commercial lessors merchants?
Yes
Is a distribution chain a merchant?
Yes
Who in a merchant chain can be sued?
Anyone
If you buy a defective power drill from Home Depot and it was manufactured by Black and Decker, against whom do you have a strict liability claim?
Both
There is/isn’t a privity requirement for strict products liability.
Isn’t
Three types of product defects?
Manufacturing Defect
Design Defect
Information Defect
A manufacturing defect occurs when the product differs from all the others that came off the assembly line in a way. . .
Differs from all the others that came off the assembly line in a way that make it more dangerous than consumers would expect.
Think of a manufacturing defect as being the “____ __ _ ____” case
One in a million
Safety precautions taken are/aren’t relevant in the case of a manufacturing defect. Explain
Aren’t
Strict liability does not pay any attention to safety precautions
A product has a DESIGN defect if the plaintiff can show that there was another way the product could have been built that . . . (3)
Was safer
Still cost-effective
And still practical
If there are gov’t regulations specifying how a product should be designed, failure to conform to that design will/won’t prove design defect.
Will
Information defects elements (3)
Risks that cannot be designed out; and
Are not apparent to consumers; AND
Lacks adequate warnings
To be “adequate,” a warning should be . . . (3)
Prominent
Bilingual
Illustrated
If a product has a design defect, you can/cannot avoid liability by putting a warning on it.
Cannot
If strict liability is to apply for products cases, the product must not have been altered since . . .
Leaving the hands of the defendant.
In strict products liability cases, there is a presumption that the product has not been altered IF the product . . .
Moved in ordinary channels of distribution.
In a strict liability products case, what must be true of the plaintiff’s use of the product?
His use must be foreseeable at the time of the injury.
Whether the product is being misused is irrelevant.
Misuse of a product will negate strict liability for products. T or F?
False. Whether the product is being misused is irrelevant. Foreseeability of use is what controls.
What is the only affirmative defense for Manufacturing Defect, Design Defect, and Information Defect?
Comparative responsibility
Any plaintiff misconduct, stupidity, results in a . . .
reduction in recovery
