Strict Liability & Products Liability Flashcards
In Torts, strict liability is only imposed in which 3 scenarios?
1) Abnormally Dangerous activities;
2) Wild Animals; and
3) Defective products
Remember “DAD”
What type of duty does D have in strict liability situations?
To make activities absolutely safe. D will be liable for P’s injuries even if D was not negligent.
Elements needed to establish a prima facie case for strict liability
**1. D’s activities impose an absolute duty to make safe;
2. Breach of duty;
3. Actual cause;
4. Proximate cause; and
5. Damages
When is D strictly liable for injuries resulting from a wild animal?
When P’s injuries are:
1. Unprovoked; and
2. Caused by the animal’s foreseeable dangerous propensities or characteristics
⚠️ Note: D is only liable for injuries caused by the animal’s dangerous propensity. For example, if D owns a lion, and P is injured because she is allergic to the lion’s hair, D will not be strictly liable.
Define
wild animal
Animals that, as a matter of common knowledge, are naturally:
- Ferocious;
- Unpredictable;
- Dangerous;
- Mischievous; or
- Not by custom devoted to the service of mankind where they are kept
Is D liable to undiscovered trespassors for injuries from wild animals on their property?
No, D’s do not owe a duty to undiscovered trespassers for injuries from a wild animal, but may be liable for injuries from a vicious watchdog.
Is D strictly liable for injuries caused by domesticated pets?
D is only liable for negligence unless:
* D knows or should know of the animal’s dangerous propensity; and
* Harm is caused by dangerous propensity
Is D strictly liable for harm caused by his animal trespassing on another’s land?
Yes, for reasonably foreseeable harm
⚠️ Exception: D is not strictly liable for damage caused by household pets
Define
Abnormally Dangerous Activity
- Not of common usage; and
- Creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors (i.e. cannot be performed safely no matter how much care is exercised)
What are common abnormally dangerous activities?
- Blasting
- Mining
- Transporting toxic waste
- Fumigating
- Using explosives
⚠️ Not an exhaustive list
Is D strictly liable for all injuries resulting from abnormally dangerous activities?
No, only for harm that made the activity abnormally dangerous
Ex. If Max is hit by shrapnel in an explosives accident, D will be held strictly liable.
However, if Max is injured b/c D dropped the box of explosives onto Max’s foot and broke it, D will not be held strictly liable because that isn’t the sort of harm that makes explosives abnormally dangerous.
Is contributory negligence a defense to strict liability?
Contributory negligence jurisdictions: No
Comparative-fault jurisdictions: Yes, can reduce recovery
Is assumption of risk a defense to strict liability?
Yes, bars recovery
Products liability claims can be brought on what 3 legal bases?
- Strict liability;
- Negligence, or
- Breach of warranty
Elements of a strict products liability claim
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
What type of seller cannot be sued on a strict products liability claim?
One-time or occasional seller
Who has standing to sue on a products liability claim?
Any foreseeable:
- User
- Consumer
- Bystander
What are the 3 types of product defects?
- Manufacturing defects;
- Design defects; and
- Warning defects
Define
Manufacturing defect
Exists when:
- 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
Define
Design defect
Defect that makes the product inherently dangerous because of its design
What are the 2 tests to determine whether there are a design defects?
- Consumer Expectation test; and
- Risk-Utility test
What is the consumer expectation test?
Asks: Is the product more dangerous than the** ordinary consumer** would expect? If yes, a defect likely exists.
What is the risk-utility test?
P must prove:
- Reasonable alternative design was available to D; and
- Failure to use that design rendered the product not reasonably safe
When is there a failure to warn?
When there is an inadequate warning of foreseeable, non-obvious risks of harm
How is the duty to warn satisfied for prescription drugs?
“Learned intermediary” rule: If prescription drug is administered by a medical professional, duty to warn is satisfied if medical professional is informed of the risks b/c there is a presumption the doctor will inform patient.
⚠️ Exception: Company still has duty to warn if company knows medication will be administered w/o physican oversight or if required by federal law
How is the duty to warn satisfied if the product is unavoidably unsafe?
D must provide:
1) Instructions for usage; and
2) Sufficient warning of foreseeable dangers
Who is included in the chain of distribution?
- Manufacturer;
- Distributor; and
- Commercial/retail seller
Is the supplier of a component part liable for product defects?
Yes, if:
1) Component itself was defective; or
2) Supplier substantially participated in the manfucturing of the product and participation was integral to the defect
When are damages allowed in strict products liability cases?
When there is either personal injury or property damage.
⚠️ Note: Recovery for only economic loss is not allowed
What are the defenses to strict products liability claim?
- Unforeseeable user misuse/alteration/modification
- Assumption of risk; or
- Product changed significantly after it left D’s control
⚠️ Note: whether or not defense is a complete bar will depend whether or not it is a comparative fault or contributory negligence jurisdiction. Make sure to read the question carefully.
When is P considered to have “assumed the risk”?
- P knew of the defect/danger;
- P comprehended the consequences of the defect/danger; and
- P voluntarily exposed himself to that danger
Is compliance with governmental regulations conclusive evidence that the product is not defective?
No, there must be other evidence showing lack of defect to absolve D of liability
Elements of a products liability negligence claim
- Commercial seller owes a duty of care to foreseeable users/P’s (bystanders, etc);
- Seller breached duty by failing to reasonably inspect product;
- Breach was actual and proximate cause of injury; and
- P suffered physical damages or property damages (economic losses are insufficient)
Define
Express Warranty
D makes a representation as to the nature or quality of the product that becomes the basis of the bargain
What are the 2 implied warranties?
- Merchantability; and
- Fitness for a particular purpose
Define
implied warranty of merchantability
Warrants that the goods being sold are of acceptable quality and fit for their intended use
Define
Warranty of fitness for a particular purpose
Exists when the seller knows the product is being purchased for a specific purpose and the buyer relies on the seller’s expertise.
Ex. Max goes to Home Depot and asks the plant specialist to recommend the best food for his indoor orchids. The plant specialist recommends Orchids Alive, and Max buys the product in reliance on the plant specialist’s recommendation.
Can a seller disclaim warranties?
Yes, but cannot limit consequential damages for personal injury
What are the defenses to breach of warranty?
1) Assumption of risk;
2) Comparative fault;
3) Contributory negligence; and
4) Misuse (breach of implied warranty of merchantability only)
