Term
| Categories of Strict Liability |
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Definition
Possession of Animals
Abnormally Dangerous Activities
Strict Products Liability |
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Term
| Possession of Animals, Domestic |
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Definition
| "One Bite Rule" (really the "One attempted bite rule) |
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Term
| Possession of Animals, Wild |
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Definition
| D is liable no matter how unforeseeable |
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Term
| Abnormally Dangerous Activity, definition |
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Definition
| inevitable high risk of serious harm, not a common activity in that area, and risk cannot be eliminate by the exercise of due care |
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Term
| Abnormally Dangerous Activity, requirements |
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Definition
Type of harm must be same type as what makes it abnormally dangerous
No unforeseeable, intervening force |
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Term
| Defenses to Strict Liability |
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Definition
Comparative Negligence:only in some states
Assumption of the Risk: P can be completely barred from recovery if P knows of and appreciates the danger and voluntarily exposes himself to that danger |
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Term
| Products Liability Issues/Elements |
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Definition
Proper Plaintiff
Proper Defendant
Proper Context
Defect
Cause in Fact
Proximate Cause
Damages |
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Term
| Who can sue in strict products liability |
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Definition
| Any foreseeable user, consumer, or bystander suffering from physical injury |
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Term
| Who can be sued in strict products liability |
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Definition
Anyone in the marketing chain.
BUT not casual/occasional seller |
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Term
| Co-mingling of product sales and providing services |
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Definition
Look for which predominates.
1) product incidental?
2) separate charge for product?
3) Name of person/business |
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Term
| Types of Defects in Products Liability |
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Definition
Manufacturing
Design
Warning |
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Term
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Definition
Product is not in condition that the manufacturer intended.
P must show:
1) product is more dangerous than ordinary consumer would expect
2) not intended by manufacturer
3) defect existed at time of manufacture |
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Term
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Definition
Entire product line is defective
Ordinary Consumer Expectation Test
OR Risk-Utility balancing test |
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Term
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Definition
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Term
| Abnormally Dangerous Activities and Superseding forces |
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Definition
| Not relieved of liability when the harm occurs in an unforeseeable manner (such as an act of nature) if the harm is of the type the possibility of which makes the activity abnormally dangerous |
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