Strict Liability, Products Liability, Damages and Defenses

Question 1

what are the three general categories of strict liability?

Answer 1

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

Question 2

What are factors courts consider when determining if an activity is abnormally dangerous?

Answer 2

1. Foreseeable and significant risk of harm
2. Appropriateness of the location for activity
3. Value to community

NO MATTER HOW CAREFUL

Question 3

A defendant engaging in abnormally dangerous activities is liable for the harm that ______ from the risk that made the activity abnormally dangerous

Answer 3

Flows

Question 4

True or false: owners are strictly liable for the harm arising from the animal’s dangerous propensities

Answer 4

True

Question 5

What sort of liability do landowners have in regards to wild animals and people on their property?

Answer 5

Licensees/invitees - strictly liable
Trespassers - not strictly liable
Note: some jurisdictions put liability on owners with vicious watchdogs

Question 6

When is an owner of a domestic animal strictly liable?

Answer 6

If the owner knows or should have reason to know that the animal has dangerous propensities

Question 7

When is the owner of a trespassing pet strictly liable?

Answer 7

Reasonably foreseeable damage caused by the trespassing pet

Question 8

True or false: a plaintiff’s contributory negligence bars recovery

Answer 8

False, but in some jurisdictions comparative negligence does bar recovery

Question 9

True or false: Assumption of the risk is a complete bar to recovery

Answer 9

True.

Question 10

What are the different types of claims a plaintiff can bring for products liability?

Answer 10

1. Negligence
2. Strict liability for defective products
3. Breach of warranty claim

Question 11

How can a product be defective?

Answer 11

1. Manufacturing: deviation from intended design
2. Design: consumer expectation or risk utility test
3. Failure to warn:

Question 12

To prove a strict liability products defect claim, a plaintiff must do what?

Answer 12

1. Show that the product was defective
2. Prove that the defect existed when the product left the defendant’s control
3. Provide evidence of his injury when product was used in a foreseeable way

Multiple Ds can be involved with the chain of liability

Question 13

Explain the risk utility test versus the consumer expectation test

Answer 13

Consumer expectation: less safe than than ordinary customer would expect

Risk utility: risk outweighs benefits, alternative design
The more technical product = more likely for risk utility

Question 14

True or false: Courts may allow a proof of a defect by circumstantial evidence

Answer 14

True, especially when the defect causes the product to be destroyed

Question 15

True or false: plaintiffs in a products liability claim must be in privity with the defendants

Answer 15

False. Can sue up and down the chain of production or distribution. Defendants may indemnify each other.

Same goes for bystanders.

Question 16

Are casual strictly liable for product cases?

Answer 16

No, but may be liable for negligence

Question 17

What can a plaintiff ask for relief in a products liability claim?

Answer 17

Personal injury or property damages

Pure economic damages not allowed

Question 18

List the plausible defenses for products liability claims

Answer 18

1. Comparative fault
2. Assumption of the risk
3. Product misuse, modification, or alteration
4. Compliance
5. State of the Art

Question 19

True or false: substantial changes to the product bars recovery in products liability

Answer 19

True.

The less foreseeable, the less likely liability attaches

Question 20

Compliance with safety standards is _____, but not __________

Answer 20

admissible that the product is not defective

not dispositive

EXCEPT for federal preemption