Torts 3.txt

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Author:
twiggy924
ID:
26391
Filename:
Torts 3.txt
Updated:
2010-07-11 20:41:46
Tags:
Strict Liability
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Description:
Strict Liability
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  1. 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").
  2. 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.
  3. 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.
  4. 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.
  5. Products Liability: Manufacturing Defect
    Product departs from its intended design in a way that makes it more dangerous than the products made properly.
  6. 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.
  7. 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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