Torts - Strict Liability and Product liability

Question 1

What are the two things that you can be strictly liable for

Answer 1

Possession of wild animals
Abnormally dangerous activity

Question 2

What is considered a wild animal

Answer 2

Non-domestic animals

Question 3

When can a domestic animal cause you to be strictly liable

Answer 3

if it has dangerous propensities

Question 4

For wild animals you will be strictly liable even if the animal

Answer 4

did nothing or it was through fear

Question 5

What are limitations associated with wild animals

Answer 5

Needs to be the injury that typically occurs with the animal (ie fear or the animal acting in its capcity)

Question 6

Abnormally dangerous activities examples

Answer 6

Excavation
Blasting
Dynamite
Chemicals that are dangerous

Question 7

For product liability and strict liability, you can assert the defense of assuming the risk, but for product liability another defense is

Answer 7

Misuse

Question 8

Assumption of the risk

Answer 8

you knew and appreciated the risk

Question 9

When do you have a COA for product liability

Answer 9

When you are using a product and it breaks and doesn’t work properly and you are suing

Question 10

What are the 4 theories of Product liability

Answer 10

negligence theory in the chain caused the product not to work

breach of warranty

Strict product liability

failure to warn

Question 11

Strict Product liability elements

Answer 11

Defective product
Sold by a commercial seller
Foreseeable user
Used in manner it was intended
Product unchanged

Question 12

What is considered a commercial seller in a strict product liability

Answer 12

In the business of selling the product

Question 13

No recovery on a strict product liability theory if a defect in a product causes only

Answer 13

damage to the product itself

Question 14

In addition to the damage to the product itself you must have what to claim a SPL

Answer 14

personal injury or injury to other property