Strict Liability and Products Liability

Question 1

Strict Liability

Answer 1

Possession of Wild animals and abnormally dangerous activities

Question 2

Possession of wild animals

Answer 2

Non domesticated animals: lions tigers and bears.

A domesticated animal can become a wild animal if the animal has dangerous propensities.

Question 3

Abnormally dangerous activities

Answer 3

Excavation, blasting, dynamite blowing stuff up. Chemicals, dangerous chemicals. Toxic chemicals

Question 4

Assumption of the risk

Answer 4

If I knew and appreciated how dangerous this was and I did it anyway.

Question 5

Product Liability

Answer 5

Three theories
Negligence, Breach of warranty, Strict product liability

• Has nothing to do with strict liability
• I brought or im using a product and it breaks or doesn’t work properly. Now im upset or injured and I sue. But im suing based on product liability.

Question 6

Products Liability

Negligence theory

Answer 6

Negligence in the chain caused the product to break or not work

Question 7

Breach of warranty

Answer 7

if theres a sticker, a pamphlet, a brochure, a promise on the part of the company how the product is going to act or perform that called a warranty.

Question 8

Strict product liability SPL (defective Product)

Answer 8

1. Defective product
   a. Manufacturing defect, design defect
2. Sold by a commercial seller
   a. Someone in the business of selling the product
3. Foreseeable user
4. Used in manner it was intended
5. Product unchanged

If the product left the manufacturer in a defective condition, sold by a commercial seller, sold by somebody in the business of selling the product a foreseeable user used the product and they use it in the manner in which it was intended and the product hasn’t been changed since it was manufactured

Question 9

inadequate or failure to warn

Answer 9

o Inadequate or failure to warn hypo: A type of defective product under strict products liability. Its all about the inadequate warning or the failure to warn. And ur looking for answer that talks about the warning itself.

Question 10

Merchantability vs. Fitness for a particular purpose

Answer 10

• Merchantability means the product acted as it should
• Fitness for particular purpose: Somewhere in the fact pattern need to have said this product is fit to do this particular thing.

Question 11

Defenses to strict product liability

Answer 11

• Defense assumption of the risk will also be a defense to strict product liability.
• Misuse: if you misuse the product on your own then you cannot sue based on strict product liability.