Strict Liability

Question 1

Torts - SL - Elements (2)

Answer 1

1. Absoulte duty of care for D
2. P can recover without proving D failed to exercise due care

Question 2

Torts - SL - Application, cases (5)

Answer 2

1. Abnormally Dangerous Activity
2. Injury from Animals
3. Statute - i.e. superfund sites, sale of alcohol to underage
4. Product Liability
5. Workers Compensations

Question 3

Torts - SL - Abnormally Dangerous Activities (ADA) / description, i.e.

Answer 3

• Activity with substantial risk of seriour harm to P in normal use - CANT be conducted safely or w/out risk- and liaiblity even with due care
• i.e. storage/handling of explosives, nuclear reactors, mining, etc (no for driving or firing guns)

Question 4

Torts - SL - Abnormally Dangerous Activities (ADA) - Defenses

Answer 4

• Assumption of risk - OK
• Comparative fault and public necessity - OK as partial defenses
• Contributory N - NO!

Question 5

Torts - SL - Injury from animals / Type

Answer 5

• For WILD ANIMALS - even w/high degree of care
• For domestic animals when owner knew of dangerous proclivity (“one free bite”)

Question 6

Torts - SL - Products Liaiblity / Elements

Answer 6

1. Only for products/goods (no real estate or services)
2. Sold by merchant D (not casual sellers)
3. Product must have defective condition AND be unreasonably dangerous
4. Without substantial change - downstrm alteration as superseading cause or defense for manufacturer if unforeseable
5. Degree of care irrelevant
6. Privity abolished

Question 7

Torts - SL - Products - Defective condition AND be unreasonably dangerous Requirement - types (3), use, obvious dangers

Answer 7

• Includes: 1) manufacturing defect, 2) desing error, 3) failure to reasonably warn
• When ORDINARY USAGE by consumer
• NO SL if gral knowledge of danger

Question 8

Torts - SL - Products - “Privity Abolished” - who has standing

Answer 8

• For ALL P ‘s in zone of danger - as foreseable victims
• Abolishment of:
• vertical: retailer can go against manufacturer
• horizontal: non-purchasers against sellers

Question 9

Torts - Strict Products Liaiblity- Defenses (5) SCAAM

Answer 9

1. State of the Art: industry standards + no knowledge of danger at time of production
2. Comparative Fault -unless is failure to discover hidden/latent defect (no contributory N)
3. Assumption of risk: i.e. reduction of price
4. Alteration: as break in chain of causation
5. Misuse or overuse: unforeseable use or abuse not originally intended - malfunction wouldnt happened under normal usage

Question 10

Torts - SL - Workers Compensation / when, coverage

Answer 10

• For on the job injuries in the normal course of employment
• Usually under state schdule with specific amounts
  
  • as only action against employer.
  • P can sue 3rd part but any recovery has to go first to emploeyr who alreadyy paid for benefits

Question 11

Torts - SL - Causation Problem

Answer 11

Important for harm to flow directly from specific risk created by activtiy - more strict that with N

• it includes the need of foreseability and proximate causation