Strict Liability

Question 1

What are the three situations to which strict liability applies?

Answer 1

1. Animals
2. Abnormally dangerous activities
3. Products liability

Question 2

What is the NY RULE for strict liability of DOMESTIC animals? (House pets and livestock)

Answer 2

1. No strict liability
2. No liability for negligence

Question 3

What is the strict liability standard for domesticated animals?

(MBE and NY)

Answer 3

No strict liability unless you have knowledge of the animal’s vicious propensity (past conduct)

Question 4

What are the three different fault standards applicable to domesticated animals?

(MBE)

(NY)

Answer 4

Vicious: strict liability

MBE: Negligence

NY: none

Question 5

What is the exception to strict liability of domesticated animals?

Answer 5

Trespassers cannot trigger strict liability

Question 6

What is the test for abnormally dangerous activities? (2 prongs)

Answer 6

1. Creates foreseeable risk of serious harm even when reasonable care is exercised; AND
2. Activity is not a matter of common usage in the community (crop dusting)

Question 7

What are examples of favorite activities that are abnormally dangerous? (3)

Answer 7

1. Explosives
2. Use of dangerous or hazardous chemicals or biological materials
3. Nuclear or radioactive materials in significant enough quantities that it could cause harm

Question 8

What are products?

Answer 8

Everything

Question 9

What are the four elements of products liability?

Answer 9

1. D is a merchant (someone who ordinarily deals in goods of this type)
2. Product is defective (3 ways)
3. Product was not altered since leaving D’s control
4. P was using the product foreseeably (foreseeable misuse okay!, e.g., using a chair as a stepstool or driving your car at 100mph)

Question 10

What are the three ways to prove that a product is defective?

Answer 10

1. Manufacturing defect;
2. Design defect; OR
3. Informational Defect

Question 11

What are manufacturing defects?

Answer 11

1. Product differs from the others from the same assembly line
2. in a way that makes it more dangerous than consumers would expect.
   (e. g., the “one-in-a-million” toaster that catches fire when plugged in)

Question 12

What are design defects?

Answer 12

A product is defectively designed IF there is an available alternative design that is:

1. Safer;
2. Economical; AND
3. Practical

Question 13

What is an information defect?

Answer 13

There is an information defect IF:

1. Product has residual risk that cannot be designed away;
2. Consumers are unaware of the risk; AND
3. Product lacks adequate warnings

Question 14

What are the two exceptions that prevent liability for design and information defects?

Answer 14

1. Scientifically unknowable risks
2. Unavoidably unsafe products

Question 15

What factors are probative on whether a warning is adequate?

Answer 15

1. If there is successful communication of danger
2. Warning may be inadequate depending on: (a) Where warning is located AND (b) If consumers cannot understand the warning

Question 16

What is the ONLY affirmative defense to a strict liability claim?

Answer 16

Comparative responsibility: Any negligence by P reduces P’s recovery by the percentage of P’s responsibility (i.e., works the same as comparative negligence)

Question 17

What will satisfy the requirement that the item has not been altered since leaving D’s control?

Answer 17

Ct presumes that the product has not been altered since leaving D’s control IF product was moved through usual channels

(i.e., Leaves it up to the D to raise the issue of alteration, e.g., D manufacturer must show that (trucking company) broke the product)

Question 18

What are the differences between strict products liability and negligence products liability? (4)

Answer 18

1. Punitive damages can only be recovered in strict liability suits
2. In negligence, only commercial suppliers can be sued
3. In negligence suits, superseding recklessness in the supply chain can defeat liability
4. In negligence suits, physical injury or property damages are required

Question 19

Who does NOT qualify as a merchant w/r/t strict liability?

Answer 19

1. Casual sellers (e.g., ebay seller)
2. Service Provider (e.g., Hair stylist gives you a defective haircare product)

Question 20

In addition to obvious merchants, who DOES qualify as a merchant w/r/t strict liability?

Answer 20

1. Lessors/Renters are considered merchants (e.g., rental car company is liable for defective car rented to you)
2. Every party in a distribution chain is a merchant (e.g., both Black & Decker AND Home Depot are liable for defective drill)