Week 9, Strict Liability and Product Liability (1)

Definition: Strict liability is the third type of torts, characterized by liability without fault.
Application:
- Arises when an inherently dangerous action is performed.
- Liability exists regardless of intent or negligence.
Conditions for Liability:
1. The activity poses a risk of serious harm to people or property.
2. It is inherently dangerous and cannot be safely undertaken.
3. It is not commonly performed in the community.

Animals:
- Owners of certain animals (e.g., cows, horses, bulls) may be liable for injuries caused by those animals.
- Liability applies to abnormally dangerous animals such as snakes and tigers.
Abnormally Dangerous Acts:
- Activities with substantial risks to people or property, such as operating a nuclear power plant or using explosives.

Basis: Product liability law stems from tort law.
Theories of Recovery:
1. Negligence
2. Strict Product Liability
3. Breach of Warranty
Common Elements:
1. The product is defective.
2. The defect existed when the product left the defendant’s control.
Types of Defects:
- Manufacturing defects
- Design defects
- Inadequate warnings

Plaintiff's Requirements:
1. Defendant owed a duty of care to the plaintiff.
2. Defendant breached that duty by providing a defective product.
3. The breach caused injury to the plaintiff.
4. The plaintiff suffered actual injury.
Who Can Sue?: Any foreseeable plaintiff, including users and consumers, can sue.

Liability: Manufacturers, distributors, or retailers may be held liable to any reasonably foreseeable injured party.
Foreseeable Injured Parties:
- Includes the buyer, the buyer’s family, and guests.
Focus: Liability focuses on the product, not the actions of the manufacturer/seller.
Plaintiff's Burden:
1. Product was defective when sold.
2. Defect rendered the product unreasonably dangerous.
3. The defect caused the plaintiff’s injury.

Purpose: Plaintiffs often use expert witnesses to establish that a defect exists.
Areas of Litigation:
- Pharmaceuticals, medical devices, cars, environmental cases, etc.

Definition: An express warranty occurs when a seller makes specific representations about a product.
Plaintiff's Requirements:
1. The representation formed the basis of the bargain.
2. Breach of the representation occurred.

Definition: Ensures a product is fit for its ordinary use and meets consumer expectations.
Examples:
- Electronics: A malfunctioning smartphone.
- Appliances: Refrigerator failing to keep food cold.
- Automobiles: A defective car that cannot be driven.
- Clothing: A winter coat that does not provide warmth.
- Furniture: A bed frame collapsing under normal weight.
Note: Only applicable to products sold by regular merchants. Merchants can disclaim this warranty in certain jurisdictions if clearly communicated.

Requirements:
1. Seller had knowledge of the buyer’s specific purpose.
2. Buyer relied on the seller’s skill and judgment.
Examples:
- Hiking Boots: Recommended boots that fail after brief use.
- Paint: Waterproof paint that leads to seepage.

Sports Equipment: A bike recommended for mountain biking that fails under use.
Medical Equipment: A device that fails to perform as intended.
Office Chairs: A chair causing discomfort after short use.
Summary: Implied warranty may be applicable when buyers rely on sellers' expertise, given that the buyer clearly expresses their particular needs.