Term
| Strict liability (prima facie) |
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Definition
1. Nature of defendant's activity imposes an absolute duty to make safe
2. dangerous aspect of activity was the actual and proximate cause of plaintiff's injury iii. plaintiff suffered damage to person or propery |
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Term
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Definition
Trespassing animals: strict
Wild animals: owner is strictly liable
Domestic animal: owner is not strictly liable in the absence of k of dangerous propensities
Strict liability is generally not available to trespassers. |
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Term
| Abnormally dangerous activities |
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Definition
i. activity must create a foreseeable risk of serious harm even when reasonable care is exercised
ii. activity is not a matter of common usage in community. |
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Term
| Strict liability defenses: |
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Definition
Comparative negligence
Contributory negligence is not a defense |
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Term
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Definition
Liability of a supplier of a defective product to someone injured by product.
1. Defect 2. that existed at the time product left defendant's control |
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Term
| Products liability: types of defects |
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Definition
1. Manufacturing
2. Design
3. Inadequate warnings |
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Term
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Definition
Defendant will be liable if plaintiff can show that the product failed to perform as safely as ordinary consumer would expect.
Applies to food |
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Term
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Definition
| Product could have been made safer without serious impact on product's price or utility |
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Term
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Definition
| A product may be defective as a result of the manufacturer's failure to give adequate warnings as to the risks involved in using the product that may not be apparent to users. |
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Term
| Government safety standards |
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Definition
Noncompliance = defective
Compliance = persuasive but not conclusive |
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Term
| Scientifically unknowable risks |
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Definition
| Defendant will not be held liable for dangers not foreseeable at the time of marketing |
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Term
| Unavoidably unsafe products |
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Definition
| manufacturers will not be held liable for some dangerous products if the danger is apparent and there is no way to make product safer |
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Term
| Product's Liability: Causation in negligence suit |
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Definition
| An intermediary's negligent failure to discover a defect does not supersede the original manufacturer's negligence unless the intermediary's conduct exceeds ordinary foreseeable negligence |
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Term
| Products liability: strict |
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Definition
| 1. Strict duty owed by COMMERCIAL SUPPLIER of product 2. product or sale of a defective product iii. actual and proximate cause 4. damages |
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Term
| Strict liability: disclaimers |
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Definition
| Disclaimers are irrelevant in negligence of strict liability cases if personal injury or property damage occurs. |
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