Strict Liability; Products Liability

Question 0

PRODUCTS LIABILITY BASED ON STRICT LIABILITY

Answer 0

To establish liability in a strict liability action based on a defective product, the plaintiff must prove that the defendant is a commercial supplier of the product in question and that the product is expected to be supplied to the consumer without substantial change in the condition in which it is supplied.

Question 1

PRODUCTS LIABILITY BASED ON STRICT LIABILITY

Answer 1

In a strict liability action based on defective product, a commercial supplier of a product who sells the product in a defective condition unreasonably dangerous to consumers will be held strictly liable for the damage caused by the defective product.

Question 2

STRICT LIABILITY FOR ANIMALS

Answer 2

An owner of a wild animal (nondomestic), even one kept as a pet, will be strictly liable for the damage caused by the animal. (A bear even if tamed is a wild animal).

Question 3

STRICT LIABILITY (abnormally dangerous activities)

Answer 3

Strict liability for abnormally dangerous activities may arise if the activity: (i) creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and (ii) is not a matter of common usage in the community. In such cases, liability is imposed for injuries to persons or property resulting from the danger. The defendant’s liability extends to persons to whom a reasonable person would have foreseen a risk of harm under the circumstances. The harm must result from the kind of danger to be anticipated from such abnormally dangerous activity.