Strict liabilty And Defective Products

Question 1

Abnormally dangerous activities

Indian v cynamid

Answer 1

Consider existence of a high degree of risk: high probability of harm: d inability to eliminate risk by reasonable care; extent to which activity not common : value: inappropriate to community

Question 2

Abnormally dangerous

Escola v Coca Cola

Answer 2

Manufacturer has the most incentive to make the safest possible product

Question 3

Design defect

Soule

Answer 3

Barker test: failed to perform as an ordinary consumer expected

Costs of the design outweigh the benefit considering the gravity and probality of injury, feasibility cost and alternative design

Question 4

Design defect

Camacho

Answer 4

Consider usefulness: probality of injury: ability to remove unsafe character: users ability to eliminate unsafe character: user anticipation of injury

Question 5

Inadequate warning
Hood
Pittman
Vasallo

Answer 5

Hood- weigh costs and benefits of additional warnings
Pittman- scope and seriousness of danger: physically adequate
Vasallo- dangers known or should have known at time of manufactured

Question 6

Design defect and inadequate warning
Hansen
Martinez
Royer

Answer 6

Hansen- consider cost benefit of product design
Martinez - if a reasonable alternative design was available cannot defeat design defect (p friendly)
Royer- where good and service mixed, primary value not lie in where the primary value was the services purchase

Question 7

Misuse and modification
Jones
Liriano

Answer 7

Jones- misuse and modification defeat a design defect

Liriano- consider the degree of danger number of reported incidents burden of warning and burden of tracking product