XIV. Strict Liability

Question 1

Animals

Answer 1

• Trespass: will depend on on type of animal
• Personal INjury
  
  • Domesticated: No strict liablility, unless you know of the animal’s dangerous propensities
  • LIvestock: defendant owes duty of ordinary care
  • Wild Animals: Stric liablity applies unless they are indiginous to area

Question 2

Abnormally Dangerous ACtivites

Answer 2

• Attributes:
  
  • activity is incapable of being conducted except w/ high degree of risk
  • If harm occurs, it is likely to be esver
  • activity must be uncommon in its location
• Harm still must be within the risk

Question 3

Products LIability: Prima Facie Case

Answer 3

• 1) Defendant must be a merchange seller
  
  • GA: only for manufaturers
• 2) Product must be defective
  
  • Manufaturing: prodcut is an anomaly and difference b/w product in hand and all others is what causes product ot be dfective
  • Design: A problem common to each unit that seller could have eliminated through a reasonable alternative design
• 3) defect existed when the prodct left defendants hands AND
• 4) plaintiff made a forseeable use of the product

Question 4

Products: Defenses

Answer 4

• Traditional Jursidcitions: (GA included)
  
  • conduct that equivalent of contributory negligence wil lnot bar
  • conduct that is equaivalent of assumpetion of risk will bar
• COmparative Fault: A majority of compartive fault now apply compartive fault principels

Question 5

Products: hints

Answer 5

• when theory is negligence, let wholesalers and retailers off hook (should not be required to check every package)
• Adequate warning usually insulates D from strick liability
• When feasbile alternative mentioned, often signals that defendant should be liable on design defect theory
• foreseeable use is not the ame as intended use (chair as step ladder is foreseeable)
• Don’t let additional parties throw you off
• If prodcut use is incetal to the performace of a service, SL is unavaialble
  
  • e.g tainted blood from hospital during operation. No SL against hospital b/c they did not make it
• In GA, breach of warranty cases, georgia requires privity, except for products causing personal injury to abuyer’s family, household members and guests

Question 6

Private Nusiance

Answer 6

Conduct that causes a substnatial and unreasonable interference with the use and enjoyment of real estate

Remedies: will weight the equities of parties before decision whether to enjoin

Question 7

Public Nusiance

Answer 7

Conduct that cause physical or moral harm to the public in general

A private plaintiff can maintain a public nusicance action if he suffers injury different in nature from the rest of the community