Strict Tort Liability
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What is strict tort liability?
Also known as product liability
One who sells any product that is unreasonably dangerous to the user, consumer, or property is liable for all damages
What are the 2 conditions of strict tort liability?
- 1. The seller is engaged in selling the product
- 2. the product is expected to/does reach the consumer without substantial change
When is someone liable for strict tort liability?
- 1. Liable even if seller has exercised all care in preparation and sale of product
- 2. The user has not brought the product from or entered into a contractural agreement with the seller
What elements should you look for in a strict tort liability?
- 1. Seller of products
- 2. Defective condition
- 3. Unreasonably dangerous
- 4. Reaches consumer without substantial change
What is not a defense for strict tort liability? Why?
Contributory negligence. Because the product is unreasonably dangerous despite any precautions taken, negligence does not have to be proven
When is the D not liable?
When the P uses the product in an unanticipated manner
In strict tort liability there is a ...
Duty to warn
This is not the case in things that are obviously dangerous, such as a knife
What are the things that a P has to prove in a strict tort liability case?
- 1. That there was a tort
- 2. That the D was responsible
What is the defense for a strict tort liability?
Absence of fault
What 3 things can make a product unreasonably dangerous?
- 1. Defect in manufacture
- 2. Defect in design
- 3. Contrary to consumer expectation
- a) this is what causes there to be a duty to warn
When does an unavoidably unsafe product (such as asbestos) become a unreasonably dangerous product?
When there is a failure to warn
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