Strict Liability Flashcards
Animals
Trespassing Animals: SL for foreseeable harm caused by animals (other than household pets)
Personal Injury Domesticated Animals: No SL, UNLESS you know of animal’s dangerous propensities in advance
Personal Injury Wild: Strictly liable from the start
Abnormally Dangerous Activities
Attributes:
- High Risk
- Severe
- Uncommon/Atypical in Community
Limitation: Harm still MUST BE w/in the risk
Product Related Injury
WARNING: Look carefully at WHAT THEORY you are asked to apply! (SL not the only one)
Prima Facie Case:
- ∆ MUST be a MERCHANT
- Product must be DEFECTIVE USE
- Manufacturing defect (anomaly)
- Design defect (Reas. alt. design)
- Defect existed when SAME condition when left hands
- π made a foreseeable use of the product
Defenses:
-Traditional = Contributory Neg: NOT bar vs. Ass of Risk = Will Bar
-Comparative Fault = Maj. uses this for SL
Hints
When theory is Neg. = Let wholesalers & retailers OFF the hook
An adequate WARNING usually insulates a ∆ from SL
When a Q. refers to a “feasible alt.” for making a product safer, it often signals that you should find the ∆ liable on a design defect theory
FORESEEABLE is NOT the same as INTENDED USE
IF product use is INCIDENTAL to the PERFORMANCE of a SERVICE, SL is UNAVAILABLE
Private Nuisance
Conduct that causes a substantial & unreasonable interference w/the use & enjoyment of land
Public Nuisance
Conduct that causes physical or moral harm to the public in general.
A PRIVATE π can maintain a PUBLIC nuisance action IF injury is diff. in nature than gen. public.
