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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
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")
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.
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
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.
Products Liability : Breach of Duty
Product must be defective, and the defect must make the product unreasonably dangerous
Products Liability : Breach : Types of Defects
- Manufacturing defects
- Design defects
- Inadequate warnings or instructions
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
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