D: Strict Liability & Products Liability

WILD ANIMAL RULE

D can be held strictly liable for…

(i) injury

(ii) caused by a wild animal

(iii) that is the foreseeable result of the wild animal

DOMESTIC PET RULE

D will not be held strictly liable for injuries caused by a domestic animal (“one free bite”) UNLESS D knows of the animal’s dangerous propensities.

PROPERTY DAMAGE FROM ANIMAL TRESPASS

D can be held strictly liable for…
(i) trespass by an animal

(ii) resulting in property damage

(iii) that is reasonably foreseeable

ABNORMALLY DANGEROUS ACTIVITIES

D can be held strictly liable for injuries caused by…
(i) activity that is not commonly done in the community
(ii) that is of high risk of others
(iii) that cannot be be engaged in w/o risk
(iv) the risk of which cannot be eliminated w/ care

STRICT PRODUCTS LIABILITY

(i) D is a commercial seller (at any level of the supply chain)

(ii) at time of injury, P used the product in a foreseeable manner

(iii) product defect

What are the different ways that a product can be defective?

• manufacturing defect

• design defect

• lack of warnings/instructions

When does a MANUFACTURING DEFECT exist?

when the product…

(i) differs from the intended design

(ii) is more dangerous than if made properly

When does a DESIGN DEFECT exist?

when the product…

(i) is more dangerous than an ordinary consumer would expect it to be, OR

(ii) is more dangerous than it is of utility to society (consider alternative designs)

Can CONTRIBUTORY NEGLIGENCE be a defense to strict liability?

not a defense UNLESS…

(i) P knew about danger that justified imposition of strict liability

(ii) P’s negligence caused the danger to manifest

EXPRESS WARRANTY

(i) seller makes an affirmation of fact, promise, description, or provides a sample

(ii) affirmation becomes the basis of the bargain

IMPLIED WARRANTY OF MERCHANTABILITY

IF a good is sold by a merchant who deals in goods of that kind, THEN the good must be fit for its ordinary purpose.

IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE

(i) seller KSK the buyer’s particular purpose of the goods

(ii) buyer relies on the seller’s skill or judgment to select suitable goods

DEFENSES TO PRODUCTS LIABILITY

• misuse

• alteration

• assumption of the risk