Torts - Strict Liability and Products Liability

These flashcards cover key vocabulary terms and concepts related to strict liability, torts, and products liability, essential for understanding the material discussed in the lecture.

Strict Liability

A legal doctrine that holds a defendant liable for harm without proof of negligence or intent.

Respondeat Superior

A doctrine holding an employer vicariously liable for the torts of an employee committed within the scope of employment.

Workers' Compensation

A system providing medical and income benefits to employees for work-related injuries.

Non-delegable Duty

A duty that cannot be delegated to another party, remaining the responsibility of the original party.

Abnormally Dangerous Activities

Activities that carry a high risk of harm and for which strict liability may be imposed.

Ostensible Agency

A legal concept where an employer is liable for the actions of an independent contractor if it leads a third party to reasonably believe the contractor is acting as the employer's agent.

Strict Liability in Animals

The liability of an animal owner for harm caused by wild or domestic animals.

Defective Product

A product that is unsafe due to flaws in its design, manufacturing, or inadequate warnings.

Doctrine of Res Ipsa Loquitur

A legal doctrine allowing negligence to be inferred from the nature of an accident when the cause is not clear.

Family Purpose Doctrine

A legal principle imposing liability on a head of household for the negligent use of a vehicle by a family member.

Product Liability

The area of law holding manufacturers and sellers liable for harm caused by defective products.

Consumer Expectation Test

A standard that allows a plaintiff to prove a design defect by showing the product failed to meet ordinary consumer safety expectations.

Manufacturing Defect

A defect that occurs when a product departs from its intended design despite all possible care taken in its preparation.

Design Defect

A defect due to a design flaw that makes a product dangerous beyond the ordinary expectations of the user.

Inadequate Warnings

A failure to provide sufficient information about the risks associated with using a product.

Economic Loss Rule

A legal principle that bars recovery for purely economic losses in tort actions if there is no accompanying personal injury or property damage.

Trial Court

The court in which a case is originally tried.

Appellate Court

A court that reviews the decisions of lower courts.

Statutory Liability

Liability imposed by law, regardless of fault, often seen in strict liability and workers' compensation cases.

Plaintiff

The party who initiates a lawsuit.

Defendant

The party being accused or sued in a court of law.

Vicarious Liability

A legal concept where one party is held liable for the actions of another.

Intentional Tort

A wrongful act done on purpose that causes harm to another.

Negligence

Failure to exercise reasonable care, resulting in damage or injury to another.

Restatement of Torts

A compilation of the common law of torts aiming to clarify and organize legal principles.

Duty of Care

The legal obligation to act in the best interest of others, avoiding foreseeable harm.

Causation

The action of causing something; in law, it refers to the link between the defendant's act and the plaintiff's injury.

Damages

Monetary compensation awarded to a plaintiff for losses or injuries.

Joint and Several Liability

A legal concept allowing a plaintiff to recover full damages from any defendant regardless of their individual share of liability.

Compensatory Damages

Monetary awards to compensate for actual losses suffered by the plaintiff.

Punitive Damages

Damages awarded to punish a defendant for egregious conduct and deter similar actions.

Statute of Limitations

The time period set by law for bringing a lawsuit.

Equitable Relief

A remedy in the form of an order to do or refrain from doing something rather than monetary compensation.

Contributory Negligence

A legal doctrine stating that if a plaintiff is found to be partially at fault for their injury, they may be barred from recovering any damages.

Comparative Negligence

A doctrine allowing damages to be apportioned according to the degree of fault of each party.

Mitigation of Damages

The legal duty of a plaintiff to minimize their losses.

Settlement

An agreement reached between parties in a lawsuit, typically involving compensation.

Mediation

A process in which a neutral third party helps parties negotiate a settlement.

Arbitration

A method of resolving disputes outside of court, where an arbitrator makes a binding decision.

Liability Insurance

Insurance coverage designed to protect the insured from claims arising from injuries or damage to other people or property.

Personal Injury

An injury to the body, mind, or emotions, as opposed to property damage.

Tort Reform

Legislation aimed at reducing the likelihood of lawsuits and the damages awards in tort cases.

Burden of Proof

The obligation to prove one's assertion or claims in a court of law.

Injunction

A court order requiring a person to do or refrain from doing a specific act.

Negligence Per Se

A type of negligence that is established when a defendant violates a statute or regulation that causes harm to a plaintiff.

Duty to Warn

The legal obligation of a manufacturer or seller to provide warnings about the dangers of a product.

Foreseeability

The ability to predict or anticipate a consequence as a result of an action.