Strict Liability & Products

Question 1

Strict liability is only imposed in which 3 scenarios?

Answer 1

1. Abnormally dangerous activities;
2. Wild animals; and
3. Defective products

D has duty to make activities absolutely safe: imposes liability even if not negligent

Question 2

Strict Liability: Prima Facie Case (5 elements)

Generally (not products liability)

Answer 2

1. D’s activities impose an absolute duty to make safe;
2. Breach of duty;
3. Actual cause;
4. Proximate cause; and
5. Damages

Note: framework is similar to negligence analysis, but a heightened duty in cases of strict liability (3 situations)

Question 3

Strict Liability: Wild Animal

When does strict liabilty apply to an animal?

What kinds of animals impose strict liability?

Answer 3

D will be liable when injuries are:

1. Unprovoked; and
2. Caused by the animal’s foreseeable dangerous propensities or characteristics

Animals are “wild” when as a matter of common knowledge are:

• Ferocious;
• Unpredictable;
• Dangerous;
• Mischievous; or
• Not by custom devoted to the service of mankind where they are kept

PA does not apply wild animal strict liabilty to dog bites, even with previous bite. Analyzed under negligence framework!

Question 4

Strict Liability: Products Liability

Products liability claims can be brought on what 3 legal bases?

Answer 4

1. Strict liability;
2. Negligence, or
3. Breach of warranty

Question 5

Strict Liability: Products Liability

Elements of Strict Liability Products Claim: 5 elements

Answer 5

1. D is a commercial manufacturer or supplier of the product;
2. Product was defective;
3. Defect existed when D sold the item;
4. P used the product in an intended or foreseeable way; and
5. Defect was an actual and proximate cause of P’s injuries

Question 6

Strict Liability: Products Liability

Three types of product defects

Answer 6

1. Manufacturing defects;
   
   • The product is not produced in an condition intended by the manufacturer; and
   • The condition makes it more dangerous than the ordinary consumer would expect
2. Design defects; and
   
   • product inherently dangerous because of its design (2 tests)
3. Warning defects
   
   • inadequate warning of foreseeable, non-obvious risks of harm

Question 7

Strict Liability: Products Liability

What are the 2 tests to determine whether there are a design defects?

Answer 7

1. Consumer Expectation test; and
   
   • Is the product more dangerous than the ordinary consumer would expect? If yes, a defect likely exists.
2. Risk-Utility test
   
   • Reasonable alternative design was available to D; and
   • Failure to use that design rendered the product not reasonably safe