Strict Liability

Question 1

Claims for injuries caused by animal can divide into to subgroups

Answer 1

Injuries by domestic animals

Injuries by wild animals

Question 2

Domesticated animals: the general American rule is that you are/aren’t generally strictly liable for domestic animals.

Answer 2

Aren’t

Question 3

What is the exception to the American rule that owners of domesticated animals are NOT strictly liable for their animals?

Answer 3

You will be strictly liable for your domestic animals if you have prior knowledge of their vicious propensities.

Question 4

With dogs, you will be held to have knowledge of his vicious propensities IF . . .

Answer 4

He has bitten someone in the past.

Question 5

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.

Answer 5

Not strictly liable if your animal injures a trespasser on your own land.

Question 6

What is the strict liability rule for wild animals?

Answer 6

Always strictly liable.

Question 7

In a wild animal questions, safety precautions are/aren’t legally relevant.

Answer 7

Are NOT

Question 8

Wild animals include . . .

Answer 8

Any animals other than domestic animals.

Question 9

Domestic animals generally include . . .

Answer 9

Pets and farm animals

Question 10

Strict liability applies to abnormally dangerous activities. T or F?

Answer 10

True

Question 11

An abnormally dangerous activity is . . . (2)

Answer 11

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.

Question 12

Abnormally dangerous activities are usually one of the following: (3)

Answer 12

Blasting

Dangerous chemicals/biological materials

Radiation or nuclear energy

Question 13

Under the Abnormally Dangerous Activity Doctrine, the person conducting the ADA is/isn’t the one strictly liable for any harm flowing therefrom.

Answer 13

Is

Question 14

Strict liability applies to dangerous/injuries products. True or False?

Answer 14

True

Question 15

If the call of the question says Patricia sued the Dep’t Store for negligence, can you apply strict liability?

Answer 15

NO!

Question 16

What are the four elements of strict liability for products?

Answer 16

D was a merchant.

He produced or sold a defective product

That product was the actual and proximate cause

Of P’s damages/injuries

Question 17

Are service-providers merchants? (e.g., doctor who lets you use a chair)

Answer 17

No

Question 18

Are commercial lessors merchants?

Answer 18

Yes

Question 19

Is a distribution chain a merchant?

Answer 19

Yes

Question 20

Who in a merchant chain can be sued?

Answer 20

Anyone

Question 21

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?

Answer 21

Both

Question 22

There is/isn’t a privity requirement for strict products liability.

Answer 22

Isn’t

Question 23

Three types of product defects?

Answer 23

Manufacturing Defect

Design Defect

Information Defect

Question 24

A manufacturing defect occurs when the product differs from all the others that came off the assembly line in a way. . .

Answer 24

Differs from all the others that came off the assembly line in a way that make it more dangerous than consumers would expect.

Question 25

Think of a manufacturing defect as being the “____ __ _ ____” case

Answer 25

One in a million

Question 26

Safety precautions taken are/aren’t relevant in the case of a manufacturing defect. Explain

Answer 26

Aren’t

Strict liability does not pay any attention to safety precautions

Question 27

A product has a DESIGN defect if the plaintiff can show that there was another way the product could have been built that . . . (3)

Answer 27

Was safer

Still cost-effective

And still practical

Question 28

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.

Answer 28

Will

Question 29

Information defects elements (3)

Answer 29

Risks that cannot be designed out; and

Are not apparent to consumers; AND

Lacks adequate warnings

Question 30

To be “adequate,” a warning should be . . . (3)

Answer 30

Prominent

Bilingual

Illustrated

Question 31

If a product has a design defect, you can/cannot avoid liability by putting a warning on it.

Answer 31

Cannot

Question 32

If strict liability is to apply for products cases, the product must not have been altered since . . .

Answer 32

Leaving the hands of the defendant.

Question 33

In strict products liability cases, there is a presumption that the product has not been altered IF the product . . .

Answer 33

Moved in ordinary channels of distribution.

Question 34

In a strict liability products case, what must be true of the plaintiff’s use of the product?

Answer 34

His use must be foreseeable at the time of the injury.

Whether the product is being misused is irrelevant.

Question 35

Misuse of a product will negate strict liability for products. T or F?

Answer 35

False. Whether the product is being misused is irrelevant. Foreseeability of use is what controls.

Question 36

What is the only affirmative defense for Manufacturing Defect, Design Defect, and Information Defect?

Answer 36

Comparative responsibility

Question 37

Any plaintiff misconduct, stupidity, results in a . . .

Answer 37

reduction in recovery