Strict Liability (MBE) ≠ (NC) Flashcards
Strict Categories
- Abnormally Dangerous Products
- Animals
- Defective Product
In strict liability, defendant is liable for?
In strict liability, defendant is liable for injuring plaintiff whether or not defendant exercised due care. As to certain activities, the policy of the law is to impose liability regardless of ∆’s fault
Wild Animal Rule
If the defendant keeps a wild animal and the plaintiff is injured because
+
the animal does something characteristic of that animal, the keeper
+
Injury
=
is strictly liable for that harm no matter how unforeseeable the result if it comes out of that characteristic
Domestic Pet Rule
The keeper of a domestic animal is not liable until
The keeper knows or should know of the animals dangerous propensity
Once dangerous propensity is known, the owner is strictly liable
An activity is abnormally dangerous when
The is an unavoidable, high risk, of serious harm
+
Activity is not a common activity
Examples of abnormally dangerous activities
4
(1) Blasting or dynamite,
(2) crop dusting,
(3) transporting toxic waste,
(4) fumigating
A πcan recover from ∆’s abnormally dangerous activity
If ∆’s activity was the cause in fact of π’s injury
{but for ∆ engaging} in the abnormally dangerous activity, they would not have been injured
or
{it was a substantial factor}
If an activity is abnormally dangerous, ∆ will be held in strict liability only if
π has to be injured by a risk that makes the activity abnormally dangerous or no strict liability
If outside of, have to prove negligence
Has to prove the proper type of harm
Where strict liability is applicable, defendant’s use of contributor/comparative negligence as a defense
may not raise π’s fault as a defense unless the π assumed the risk
π’s negligence will not effect their recovery
What are the eight elements of strict products liability?
The Checklist
- Proper Plaintiff
- Proper ∆
- Proper Context
- Defect
- Cause-in Fact
- Proximate Cause
- Damages
- SPL Defenses
Strict Products Liability (SPL) focuses on
the condition of the product
Not on the ∆’s conduct
SPL Proper Plaintiff is
any plaintiff who is a
- user,
- consumer or
- bystander
injured while using a defective product may recover damages from an appropriate defendant.
Do not have to be the purchaser
SPL Proper ∆ is
Commercial suppliers at all levels of the distribution chain and those in the market of selling the product are potential ∆’s
Includes
- Manufacturer
- Wholesaler
- Retailer
What type of seller is not a SPL proper ∆
A one-time or occasional seller
SPL Proper Context is
When there is a product
≠ service
Sometimes in hybrid cases where goods predominate the transaction
Applying SPL when a product and service are given together
Which predominates the transaction?
The goods or the service?
If goods > service, then strict liability
If goods
SPL Defect Types
3
- Manufacturing Defects
- Design Defects
- Warning Defects
SPL manufacturing defects
A product comes out in a condition not intended by the manufacturer
+
Condition makes it more dangerous than the ordinary consumer would expect
For a π to prove a manufacturing defect
- came out in a condition not intended by manufacture
- Condition makes it more dangerous than the ordinary consumer would expect
≠ does not have to prove fault
SPL design defects
A product manufactured as the manufacturer intended but the
+
Product has a danger based upon the product design
SPL design defect tests
2
- Ordinary Consumer Expectation Test
2. Risk-Utility Balancing Test
Ordinary Consumer Expectation Test
The product is more dangerous than would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.
If design defects are obvious to consumer, result for SPL
No SPL
Risk-Utility Balancing Test used when
If the risk of the product as designed outweighs the utility of the product as designed, then the product is defective in design
