STRICT LIABILITY (LIABILITY WITHOUT ANY FAULT) Flashcards
liability for animals (domesticated animals–e.g., dogs, bulls)
- owner is NOT strictly liable for injuries caused by domestic/farm animals (owner is strictly liable if they have knowledge of that animal’s dangerous propensities)
- first time dog had bitten anyone: negligence standard
trespass of your own dog (domesticated animals)
- owner IS STRICTLY LIABLE for reasonably forseeable damage done by a TRESPASS of HIS OWN ANIMALS
liability for animals—wild animals (e.g., rattlesnake)
- owner is strictly liable to licensees and invitees for injuries caused by WILD ANIMALS (even those kept as PETS)
- not available trespassers —> for trespasser to recover for injuries from wild animal, they must prove owner’s negligence
abnormally dangerous activities
courts impose 2 requirements for finding activity to be abnormally dangerous
- activity imposes severe risk
- activity is uncommon
examples: blasting or manufacturing explosives, storing dangerous chemicals, anything that involves nuclear energy
WHETHER ELEMENTS MAKING ACTIVITY ABNORMALLY DANGEROUS IS A QUESTION OF LAW
two important points about strict liability and abnormally dangerous activities
- D’s liability only extends to foreseeable pffs
- injury must result from abnormally dangerous activity
theories of products liability (4)
liability of a supplier of a defective product to someone injured by the product
- negligence
- intent
- implied warranties of merchantability and fitness for a part purpose
- strict liability (EASIEST TO PROVE)
4 elements for strict liability
to find liability under strict liability theory, pff must show:
1. D is a merchant (includes entire distribution chain – commercial suppliers include manufactures, wholesalers, retailers)
2. product is defective
3. product was not substantially altered since leaving D’s control
4. pff was making foreseeable use of the product @ time of injury (note: many products are misused in ways that could be considered foreseeable)
- PHYSICAL INJURY OR PROPERTY DAMAGE must be shown; P CANNOT recover for solely economic losses
- must be shown that injury was CAUSED (ACTUAL AND PROXIMATE CAUSE) BY THE DEFECT
who can sue and against who (strict liability products liability)?
ANY FORESEEABLE PFF CAN SUE ANY COMMERCIAL SUPPLIER IN THE CHAIN—e.g., a commercial supplier could be liable even though manufacturer was responsible for defect
types of defects (3 types)
- manufacturing defects
if a product emerges from manufacturing different from and more DANGEROUS than the products that were properly made, it has a manuf defect –> pff must show that product failed to perform as safely as ordinary consumer would expect
- design defects
when ALL products of a line are the same but have DANGEROUS qualities, they have a design defect –> pff must show an alternative design
- info defects
product may be defective as a result of manufacturer’s failure to give instructions or warnings as to risks involved in using the product –> pff must show that product failed to have complete warnings
defenses available to strict liability (for products liability)
- contributory negligence states –> pff’s assumption of risk and unreasonable misuse (failure to discover defect is NOT a defense)
- comparative neglience states: any type of fault under state’s comparative negligence rules
other products liability theories
based on negligence
P can establish liability for product defect under negligence theory
- duty of care: supplier (manufacturer, wholesaler, retailer) owes duty to all foreseeable pff users and bystanders
- breach of duty: D’s negligence —> supplying defective product
- causation
- damages: P must show physical injury or property damage
NOTE: it is hard to hold intermediaries (retailers, wholesalers) liable for negligence b/c they can satisfy their duty through cursory inspection
defenses to negligence (products liability)
- assumption of the risk
- any type of contributory or comparative negligence (look at that state’s rules)
under negligence…
intermediary’s negligent failure to discover defect doesn’t supersede original manufacturer’s negligence
other products liability theories
implied warranties
2 warranties implied in every sale of goods that can serve as basis for suit by buyer against seller
- merchantability: goods need to be fit for ordinary purposes for which goods are used (applies to merchants dealing in kind of goods sold)
- fitness for a particular purpose: arises when ANY SELLER KNOWS or has reason to know the purpose for which goods are required and buyer relies on seller’s skill in selecting the goods
implied warranties continued (who can sue, etc).
- purchaser and their family, household, and guests can sue
- actual cause and proximate cause are handled as in ordinary negligence cases
- personal injury and property damages, AND SOLELY ECONOMIC DAMAGES are recoverable
