Torts - Strict/Product Liability

Question 1

Wild Animals

Answer 1

If P is injured by animal’s characteristic propensity, D is strictly liable to invitees and licensees

Question 2

Domestic Animals

Answer 2

Keeper is not liable unless he knew or had reason to know of its dangerous propensity

Question 3

Abnormally dangerous activity

Answer 3

P can recover if

1) D engaged in ADA (create foreseeable risk of serious harm even when reasonable care is exercised by all actors, and is not a common activity in the area)

2) P was injured by the type of danger characteristic of this activity

Question 4

Defenses to Strict Liability

Answer 4

Contributory Negligence

Comparative Negligence

Assumption of Risk

Question 5

Product Liability: Strict: Duty

Answer 5

Any commercial supplier in distribution chain of the product has an absolute duty to supply safe products to any foreseeable P

Question 6

Product Liability: Strict: Breach

Answer 6

P must show a type of defect in product when it left D’s control

Question 7

Types of Defect

Answer 7

Manufacturing: Product came out more dangerous than intended

Design defect: Very design resulted in product not safe for intended use

Inadequate Warning: Product must have clear and complete warnings of dangers that may not be apparent to users. Unneeded if obviously dangerous

Question 8

Test for Manufacturing Defect

Answer 8

Ordinary consumer expectations: Product failed to perform as safely as an ordinary consumer would expect. D must anticipate reasonable misuse

Question 9

Tests for Design Defect

Answer 9

Feasible Alternative: Product could not have been made safe w/o serious impact on price or utility

Risk-Utility test: Danger of design > utility to society, feasibility of alt designs

Question 10

Causation for Strict Product Liability

Answer 10

Actual: Defect existed when product left D’s control +

Proximate: Type of injury foreseeable at time product was placed into stream of commerce

Question 11

Learned Intermediary Rule

Answer 11

Manufacturer is relieved of liability if an intermediate handler discovers the defect and knowingly passes it to II or failed to convey manufacturing warning to P

Question 12

Damages in Strict Product Liability

Answer 12

Physical injury or property damages are recoverable.

Purely economic losses NOT recoverable.