Torts 3

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Torts 3
2010-06-10 23:09:50
Strict Liability

Torts 3 - Strict Liability
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  1. Strict Liability : Elements
    • Existence of an absolute duty on part of ∆ to make safe
    • Breach of that duty
    • Breach of the duty was the actual and proximate cause of π's injury
    • Damage to the π's person or property
  2. Strict Liability : Animals
    • Domestic Animals: No strict liability unless ∆ knows in advance of vicious propensities
    • Wild Animals: Strictly liable for injuries inflicted upon licensees and invitees
    • Trespassers: No strict liability can be imposed by a trespasser. However, a trespasser may have an intentional or negligence (possessor of land) claim for injuries inflicted by vicious watchdogs (think "spring-gun")
  3. Abnormally Dangerous Activities
    • Activity creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and
    • The activity is not a matter of common usage in the community.
  4. Products Liability : Prima Facie Case
    • 1: Strict duty owed by a commercial supplier of a product
    • 2: Breach of the duty;
    • 3: Actual and proximate cause; and
    • 4: Damages
  5. Products Liability : Who can be held liable?
    Any commercial supplier of goods who routinely deals in those goods—Casual sellers or lessors will not be held strictly liable.
  6. Products Liability : Breach of Duty
    Product must be defective, and the defect must make the product unreasonably dangerous
  7. Products Liability : Breach : Types of Defects
    • Manufacturing defects
    • Design defects
    • Inadequate warnings or instructions
  8. Products Liability : Causation
    Must show that the defect existed when the product left the control of the ∆ commercial supplier—i.e., no alterations within the ∆'s control