Strict Liability & Product Liability (Chapter 11) Flashcards
What is strict liability?
Another category of tort. Liability without regard to fault, foreseeability, standard of care or causation. Makes a person legally responsible for damages regardless of culpability (intent/negligence). Liability based on how dangerous activities are; tort occurs, defendant responsible.
What case did strict liability start with? What are abnormally dangerous activities?
Rylands v. Fletcher (1868). Activities involving high risk of serious harm to persons or property; cannot be completely guarded against and still responsible for injuries because of dangerous nature even without fault.
Who is liable in product liability? Why? What can product liability be based on?
Those who make, sell or lease goods can be held liable for physical harm caused by goods to a consumer, user or bystander. Based on 2 social policy reasons: comp/manu can better bear costs of damages (increase price of goods) and as it makes a profit should bear cost of injury. Based on negligence, misrepresentation-fraud analysis, strict products liability.
What is negligence-based product liability based on?
Manufacturer’s breach of reasonable standard of care and failing to make a product safe. A person who is injured by a product may sue manufacturer if the manu failed to exercise due care to make it safe.
What must a manufacturer exercise due care in?
Designing products, manufacturing and assembling products, inspecting and testing products, and placing adequate warning labels. Liability extends to anybody injured by the product, not just the buyer.
When does product liability based on misrepresentation occur?
Occurs when fraud is committed against the consumer or user of a product. Plaintiff doesn’t have to show defectiveness and fraud must have been made willingly and knowingly or with a reckless disregard for safety.
What is strict product liability?
All products can be at fault based on negligence and misrepresentation. Manufacture can be at fault without regards to fault or intentions based on public policy concerns. A seller, distributor, or manufacturer of a defective product is liable to a person injured by the product regardless of whether defendant did everything possible to make sure defect did not happen.
What are the requirements for strict product liability? (How to determine if strict product liability is warranted.)
1) Product must be in defective condition when sold or leased.
2) Defendant is in the business of selling the product.
3) Product must be unreasonably dangerous.
4) Plaintiff must be physically harmed.
5) Defective condition must be proximate cause of injury.
6) Goods are in substantially same condition.
What makes a product unreasonably dangerous?
The product was dangerous beyond the reasonable the expectation of the ordinary consumer and a less dangerous alternative was economically feasible for the manufacturer but they did not produce it.
When is a product unreasonably dangerous?
The traditionally recognized product defects are: Manufacturing defects, design defects, and inadequate warning defects. No duty to obvious or commonly known risks.
What are the defenses to product liability?
1) Assumption of Risk: Plaintiff used the product in a way that they knew could lead to injury despite knowing defect.
2) Product Misuse: Plaintiff’s own careless actions contributed to or were cause of injury. Includes using product in a manner for which it was not intended only when not foreseeable it would be used in that manner.
3) Comparative Negligence
4) Commonly known dangers/knowledgeable user.
5) Statutes of Limitations.
