Strict Liability:Products Liability Flashcards
What is the prima facie case forstrict products liability?
1) ∆ has to be a merchant ∆ that routinely deals in this type of a product 2) the product in question must be defective. 3 kinds of defects i) manufacturing defect ii) design defect - the risks of the design outweigh the utility of the product; illustrated by showing there is a viable alternative design that is economical, practical and less risky. NOTE: Failure to conform to a gov’t regulation is CONCLUSIVE proof of a defective design (BUT compliance with gov’t regulation is NOT conclusive evidence of a non-defective product) iii) information defect - exists if (i) the product has residual risks that cannot be designed out; (ii) the consumers will not be aware of the risk; AND (iii) the product does not have adequate warnings. 3) the product must not be altered in any way (i.e. defect existed when it left Δ’s hands). Generally presumed if product moved in normal distribution chain If π buys secondhand, then he’d have to prove non-alteration 4) the π is making a foreseeable use of the product at the time of injury. A forseeable use does not have to be a proper one
What is the strict liability cause of action for injuries caused by animals?
The law distinguished btwn domesticated and wild animals. NO strict liability if your domesticated animal hurts someone. In NY, no negligence theory for this either.
The rule for wild animals is strict liability
What is the affirmative defense for strict liability?
comparative responsibility - same logic as comparative negligence
What is the strict liability cause of action for abnormally dangerous activities?
2 prongs: (i)the activity creates a foreseeable risk of serious harm, EVEN when reasonable care is exercised (i.e can’t be made safe); (ii) the activity is uncommon in the community where Δ conducts it.
