Strict Liability, Product Liability, Vicarious Liability

Question 1

What are the situations where strict liability is imposed?

Answer 1

• On the owner of a wild animal or an abnormally dangerous domestic animal for injuries caused by the animal.
• On one engaged in an abnormally dangerous activity, anything involving explosives, anything involving highly toxic chemical or biochemical material and anything involving radiation or nuclear energy.

Question 2

Does it matter when it comes to strict liability that a domestic dog had never bitten anyone before?

Answer 2

if the dog only bite once then there is no strict liability but bites after that means the owner is on notice and therefore, strict liability applies except for wild animals. strict liability always applies for wild animals

Question 3

Does it matter when it comes to strict liability then reasonable care was exercised?

Answer 3

Safety precautions are irrelevant

Question 4

When does product liability arise?

Answer 4

Liability arises when a commercial supplier supplies a product in a defective condition unreasonably dangerous to users

Question 5

what has to be shown for product liability?

Answer 5

• Merchant - can’t be someone on ebay
• Defective product - Manufacturing defect or design defect or information defect
• Defect in existence when product left the defendant’s control. product has not been altered.
• Reasonable foreseeable use by plaintiff.
• Plaintiff suffered damages - either physical injuries or property damages

Question 6

How can plaintiff show a design defect?

Answer 6

Plaintiff must show a reasonable alternative design

• Safer than the product marketed
• It is economically feasible (cost effective) - same price to design
• It is practical - doesn’t make the product harder to use

Question 7

Explain how a product can have an information defect?

Answer 7

Adequacy of warning

1. Placement - the warning might need to be placed in a better location
2. Comprehension - The warning might need to be written in various languages or maybe an icon should be used.
3. Risk mitigation information - warning might not be enough if it does not contain more information that explains how to mitigate risk.

Question 8

what arguments can be brought up against product liability?

Answer 8

Manufacturer acted with ordinary, reasonable care or that the product could have been altered by something or someone else after it left their care.

Question 9

What is vicarious liability?

Answer 9

The defendant may be vicariously liable for the tort of another based on the relationship between the defendant and the tortfeasor

Question 10

Vicarious liability - Employer and employee relationship

Answer 10

the employer is liable for torts of an employee that occur within the scope of the employment relationship. E.g if the job involves the use of force, then misusing the force is within the scope of employment - store security guard.

Question 11

Vicarious liability - Hiring party and independent contractor

Answer 11

the general rule is that a hiring party is not vicariously liable for the torts of an independent contractor, but broad exceptions exist:

a. The independent contractor is engaged in inherently dangerous activities
b. The independent party hurts a customer
c. . The hiring party duty cannot be delegated because of public policy considerations

Question 12

Vicarious liability - Automobile owner-driver

Answer 12

an automobile owner is not vicariously liable for the negligence of the driver unless the state has adopted:

a. A permissive use statute (imposing liability for the torts of anyone driving with permission to do an errand ), or
b. The family purpose doctrine (imposing liability for the torts of a family member driving with permission)

Question 13

Vicarious liability - Parent-child

Answer 13

a parent is not vicariously liable for a child’s torts at common law

Question 14

can the failure of a retailer to take action after discovering a dangerous defect prevent establishing causation against a manufacturer in a strict products liability action?

Answer 14

the conduct of a retailer who discovered a dangerous defect and then took no action (such as alerting the manufacturer, warning the consumer, or removing the product from sale) constitutes more than ordinary foreseeable negligence and may cut off the manufacturer’s liability.

Question 15

if a retailer was negligent in discovering a defect, would it relieve the manufacturer of liability?

Answer 15

even if a retailer were negligent in not discovering the defect, it would not relieve the manufacturer of liability.