strict liability Flashcards
1
Q
situtaions
A
- owner of a wild animal or an abnormally dangerous domestic animal
- engaged in abnromally dangeorus activitiy - creates a foreseeable risk of serious harm even when reasonable care is exercised (think explosive or toxic)
2
Q
Liability
A
the harm that results must be the kind of danger that makes the animal or activity abnormally dangerous
3
Q
strict liability and products
A
D must be a merchant
tpes of defects
- manufacturing defect - just the one bad product
- design defect - cost of design outweighs the benefits such that a reasonbl merchant wouldn’t put it on the market, no claim. must show that ther’es another design, it’s economically feasibale and does’n tmake the product difficult to use.
- information defect - residual risks that can’t be designed away and the risk is not obvious or apparent to the users