Strict Liability

Question 1

The three prevalent forms of Strict Liability in torts are:

Answer 1

1) Strict Liability for Injuries Caused by Animals;
2) Strict Liability for Abnormally Dangerous Activities;
3) Strict Product Liability.

Question 2

The Two Types of Strict Liability for Injuries Caused by Animals are:

Answer 2

1) Injuries Caused by Domestic Animals;

2) Injuries Caused by Wild Animals.

Question 3

For Injuries Caused by Domestic Animals, there is NO strict liability unless:

Answer 3

your animal has previous violent propensities and you are aware of that when the animal acts violently again. Unless injury occurs to a trespasser.

Question 4

For Injuries Caused by Wild Animals, there will be Strict Liability when,

Answer 4

ALWAYS. No precautions or safety measures can change the fact that wild animals + injury = strict liability.

Question 5

Abnormally Dangerous Activities exist when (2):

Answer 5

1) Activity Creates a foreseeable risk of harm, even when reasonable care is exercised;
2) The Activity is Uncommon in the Community.

Question 6

Strict Liability for Abnormally Dangerous Activities will be invalidated when,

Answer 6

NEVER. Safety Precautions are irrelevant. Abnormally Dangerous Activity + Injury = Strict Liability.

Question 7

Elements of Strict Product Liability (4):

Answer 7

1) Defendant is a Merchant;
2) There is Evidence that the Product is Defective;
3) There is Evidence that the Product has not been Altered Since Leaving Defendant’s Control;
4) The Plaintiff was making a foreseeable use (not necessarily the intended use) of the product at the time of injury.

Question 8

For product liability, a merchant is:

Answer 8

1) Someone who routinely deals with goods of a particular type;
2) Commercial Lessors;
3) Every Party in a Formal Distribution Chain.

Question 9

The Three Types of Product Defect are:

Answer 9

1) Manufacturing Defect - When one product differs from all the others coming off the line;
2) Design Defect - When there is a safer/feasible alternative product design that is practical and does not affect product efficiency;
3) Information Defect - When a product has residual risks that can’t be designed out AND consumer is not aware of those risks AND product lacks adequate warnings.

Question 10

Evidence that a Product has not been altered since leaving the Defendant’s control is,

Answer 10

presumed if the product has moved through ordinary channels of distribution.

Question 11

Foreseeable use of the product is not limited to intended use, also includes

Answer 11

misuse, if such use is foreseeable. (Think of standing on a chair and it breaks)