Strict Liability and Products Liability

When is strict liability imposed?

Strict liability is imposed when defendant did not intentionally harm the plaintiff and was not negligent.

What types of strict liability cases are there?

(1) liability for animals;

(2) abnormally dangerous conditions; and

(3) products liability

What is the strict liability rule for domesticated animals?

An owner is not strictly liable for injuries caused by his domestic animal unless he had knowledge that the animal had dangerous propensities not common to the species.

What is the owner’s liability when his animal trespasses onto another’s property?

An owner is strictly liable for reasonably foreseeable damage done by a trespass of his animals.

What is the strict liability rules for wild animals?

An owner is strictly liable for injuries caused by wild animals unless plaintiff was a trespasser. If plaintiff is a trespasser, regular negligence rules apply.

What are the strictly liability rules for abnormally dangerous conditions?

A defendant will be held strictly liable when engaged in an abnormally dangerous activity if: (1) the plaintiff was a foreseeable plaintiff; and (2) the harm was caused by the kind of danger anticipated from the dangerous activity, including fleeing from the danger. An activity is abnormally dangerous if: (1) the activity creates a foreseeable risk of serious harm even when reasonable care is exercised; and (2) the activity is not a matter of common usage in the community.

What are the elements for strict product liability? XX

(1) defendant was a commercial supplier of the product;

(2) the product is defective;

(3) the product was not substantially altered since leaving the defendant’s control;

(4) the plaintiff was making a foreseeable use of the product (intended use not required);

(5) the product was the actual and proximate cause of plaintiff’s injury; and

(6) damage to persons or property.

What are the types of product defects?

(1) manufacturing defects;

(2) design defects; and

(3) information defects

What must be established for a manufacturing defect?

A defendant may be strictly liable for a manufacturing defect if the product failed to perform as safely as an ordinary consumer would expect because it varied from the normal product that comes off the line.

What must be established for a design defect?

A defendant may be strictly liable for a design defect if there was a safer alternative that was economically feasible. Defendant will not be liable if the danger is apparent and there is no safer way to make the product (e.g., knives).

How does government safety standards apply to design defects?

A defendant’s noncompliance with government safety standards establishes a defect. However, compliance does not necessarily mean that the product is not defective.

What must be established for an information defect?

A defendant may be strictly liable for an information defect if the product does not contain adequate instructions or warnings as to the risks involved in using the product that may not be apparent to users.

When is the existence of a defect when it left the defendant’s control inferred?

It will be inferred that the product was not altered and that the defect existed when the product left the defendant’s control if the product moved through normal channels of distribution.

What are the defenses to strict product liability?

(1) contributory negligence if defendant knew of the danger and their unreasonable conduct caused the harm;

(2) assumption of the risk;

(3) comparative negligence