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Injuries Caused By Domesticated Animals
- No strict liability unless–
- (1) ∆ has a domesticated animal with vicious propensities; and
- (2) ∆ knows in advance of vicious propensities
Trespassers: No strict liability can be imposed by a trespasser. However, a trespasser may have an intentional tort or negligence (possessor of land) claim for injuries inflicted by vicious watchdogs (think "spring-gun").
Injuries Caused by Wild Animals
Wild Animals: Strictly liable for injuries inflicted upon licensees and invitees as long as injured person did nothing to bring about the injury.
Trespassers: No strict liability can be imposed by a trespasser. However, a trespasser may have an intentional tort or negligence (possessor of land) claim for injuries inflicted by vicious watchdogs (think "spring-gun")
Note: Injuries incurred while fleeing are forseeable.
Abnormally Dangerous Activities
- Strict Liability if:
- 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.
Note: Injuries incurred while fleeing are foreseeable.
Products Liability: Strict Liability
- 1: ∆ is a commercial supplier of a product. Does not extend to service providers or casual sellers.
- 2: Product has a defect that makes it unreasonable dangerous;
- 3: Product has not been substantially altered since it\\ left ∆'s control.
- 4. π was making foreseeable use of the product at the time he was injured, and
- 5: Damages–Physical injury or property damages must be shown.
Note: That the defect existed when product left ∆'s control will be inferred if the product moved through normal channels of distribution
Products Liability: Manufacturing Defect
Product departs from its intended design in a way that makes it more dangerous than the products made properly.
Products Liability: Design Defect
- (1) There exists a safer, practical and cost-effective way to build it; OR
- (2) Inadequate warnings or instructions–duty to warn if product has certain risks that cannot be reasonably eliminated, and a consumer would not normally be aware of those risks.
- Practical = Would not undermine product's purpose
- Cost-effective = Alternative design would not make the product significantly more expensive.
Affirmative Defenses to Strict Liability
- In contributory negligence jurisdiction: assumption of risk.
- In pure comparative negligence jurisdiction: Damage reduction based on percentages.
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