Strict liability Flashcards
Types of strict liability
Wild animals, Abnormally dangerous activities, products liability
Abnormally dangerous activity
High risk of serious harm, cannot engage without risk, not commonly conducted
Manufacturing defect
Product in condition not intended by manufacturer AND defect existed when left manufacturer
Design defect
Made as intended but presents danger of injury because of flawed design. Judged by ordinary consumer expectation test or risk balancing test
Defenses to strict products liability
Misuse by P, Alteration after leaving chain of distribution, Assumption of Risk
Products liability theories
Strict Products Liability, Negligence theory, Warranty theory
Product Warranty Theory
Express (specific representation about product) or implied warranty of merchantability (fit for intended use)
