Strict Liability and Products Liability Flashcards
Strict Liability:
(1) Wild Animals
(2) Abnormally Dangerous Activity
Possession of Wild Animals
Non-domesticated animals
Injury that would normally occur
INCLUDES Domestic animals with dangerous propensities
***INCLUDES Injuries caused by FEAR of the wild animal (run away and trip) = STRICT LIABILITY
***If you trip on a wild bear in pitch black (thinking its a log), not strict liability (not foreseeable)
Abnormally Dangerous Activity
Excavation
Dynamite
Toxic Chemicals
Defense to Strict Liability
Assumption of the Risk (NEVER APPLY unless that is what the facts are talking about)
Product Liability
Product breaks or doesn’t work properly
3 Causes of Action
(1) Negligence
(2) Breach of Warranty
(3) Strict products liability
Product Liability - Negligence
Negligence in the chain caused the product to break or not work
Salesman didn’t tell me to do certain things before turning on my phone
Product Liability - Breach of Warranty
Promise about product performance
Sticker on the Verizon box says this will not have a drop call, guaranteed (Always going to be about EXPRESS WARRANTIES)
Product Liability - STRICT Liability - Defective Product
(1) Defective Product
(2) Sold by commercial seller
(3) Foreseeable manner
(4) Used in manner it was intended
Product Liability - STRICT Liability - Inadequate/Failure to Warn
Another type of defective product under SL
“Strict Liability in Tort”
Strict Product Liability
Defenses to Strict Product Liability
Assumption of Risk
Misuse
“Strict Liability”
Wild Animals + Abnormally Dangerous Activities
