Term
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Definition
Imposed on a defendant to pay damages although the defendant neither intentionally acted, nor failed to breach the required standard of reasonable care.
Only three types:
1) Animals
2) Abnormally Dangerous Activities
3) Sale of Defective Products |
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Term
Animals in Strict Liability
What are the different jurisdictions for Trespassing Livestock? |
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Definition
1) Open Range
2) Requirement to Fence In
3) Requirement to Fence Out |
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Term
Animals in Strict Liability
What is the owner's liability for injury under a
Physical Injury Caused by Domestic Animals
cause of action? |
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Definition
| Owner is liable if there was a reason to know of violent propensity of the animal. |
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Term
Animals in Strict Liability
What is the owner's liability for injury under a
Physical Injury Cause by Wild Animal
cause of action? |
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Definition
Owner is liable for any injury caused by the animal that comes from the reason it is labeled as "wild."
(e.g. An owner would be liable if their snake bit and poisoned a party, but not if the party was injured by tripping over the snake.) |
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Term
| ABNORMALLY DANGEROUS ACTIVITY |
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Definition
| An act deemed "ultrahazardous" so that its actor is subject to liability for harm to the person, land, or chattels of another resulting from the activity, even if the actor has exercised the utmost care to prevent harm. |
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Term
Abnormally Dangerous Activities
What is Ryland's Rule? |
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Definition
"... the defendant will be liable when he damages another by a thing or activity unduly dangerous and inappropriate to the place where it is maintained, in light of the character of that place and its surrounds."
(created by Rylands v. Fletcher) |
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Term
Abnormally Dangerous Activities
What are the factors in determining whether an act is "ultrahazardous" (abnormally dangerous)? |
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Definition
1) Existence of high degree of risk;
2) High probability that harm will result;
3) The inability to eliminate risk by reasonable care;
4) Extent to which the activity is not a common usage of land;
5) Level of inappropriateness of the activity for the area;
6) Extent to which its value to the community is outweighed by its dangerous attribute. |
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Term
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Definition
| When injured party knew or and recognized the magnitude or risk and voluntarily put themselves in danger. |
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Term
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Definition
| If such an act is an intervening force that could clearly not be anticipated, then no liability can be found. |
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Term
Products Liability
Draw a Vertical Chain of Distribution |
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Definition
Components Manufacturer
Product Manufacturer
Distributor
Retailer
Buyer |
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Term
Products Liability
STRICT LIABILITY IN TORT |
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Definition
| Where a commercial supplier puts a product into the stream of commerce in a defective condition that is unreasonably dangerous, and being unaltered, causes damages. |
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Term
Products Liability
Under what theories can one bring a cause of action under the umbrella term of "Products Liability?" |
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Definition
1) Strict Liability in Tort
2) Negligence
3) Warranty |
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Term
Products Liability
For what injuries can one recover under "Products Liability?" |
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Definition
1) Personal Injury
2) Property Damage
3) Under Warranty only, Pure Economic Loss |
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Term
Products Liability
What parties are liable under Strict Liability in Tort? |
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Definition
Every defendant in the Vertical Chain of Distribution is liable
*Noter: Endorsers will not be held liable. |
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