Strict Liability

Question 1

What level of liability do you have for domestic animals in the first instance of aggression?

Answer 1

No liability

Question 2

What level of liability do you have for domestic animals with a known propensity for aggression?

Answer 2

Strict Liability

Question 3

What level of liability do you have for wild animals in the first instance of aggression?

Answer 3

Strict liability

Question 4

What level of liability do you have for engaging in inherently dangerous activities?

Answer 4

Strict liability, so long as the injury is caused by the abnormally dangerous activity.

Question 5

Joe is transferring a large container of fireworks from Boston to Chicago. Before leaving on the trip, Joe takes extra precautions, beyond industry standards, and individually wraps each firework with six inches of bubble wrap. At his last gas stop before his destination, one of the rockets goes off and hits Phil, injuring his traps. May Phil recover? Under what standard?

Answer 5

Yes, strict liability. “super careful” D is irrelevant.

Question 6

Who can be held strictly liable for a product defect?

Answer 6

ANY commercial supplier if defect causing injury existed at the time the product LEFT defendant’s control

Question 7

Who can be held negligently liable for a product defect?

Answer 7

Almost always the manufacturer of the product, UNLESS a retailer or wholesaler assemble or label the product as their own.

Question 8

Who can bring a suit for products liability?

Answer 8

Anyone within the foreseeable zone of risk, including bystanders

Question 9

What are the four main negligent conduct possibilities in a products defect case?

Answer 9

1. Negligent design
2. Negligent manufacturing
3. Negligent warnings
4. Negligent inspections

Question 10

What are the defenses to products liability?

Answer 10

1. Assumption of the risk
2. Product misuse
3. Adequate warnings.
   Note: contributory negligence is NOT a defense for strict liability.