Ch 7 outline- Caitlyn Weimer.docx - Chapter 7 Strict Liability and Product Liability CHAPTER OUTLINE I Strict Liability Under the doctrine of strict

Ch 7 outline- Caitlyn Weimer.docx - Chapter 7 Strict...

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Chapter 7 Strict Liability and Product Liability C HAPTER O UTLINE I. Strict Liability Under the doctrine of strict liability, liability is imposed for reasons other than fault. A. A BNORMALLY D ANGEROUS A CTIVITIES Could result in serious injury, seriously dangerous activity No way to make the activity safe, and uncommon to be performed in a community B. A PPLICATION OF S TRICT L IABILITY TO P RODUCT L IABILITY In the area of product liability, strict liability is applied as a matter of social policy— Manufacturer is more prepared to bear the burden of injury cost, cost is spread throughout the society by increasing the price Manufacturers is collecting profit of the activity and should have to endure the injury cost in terms of an operating expense II. Product Liability A. B ASED ON N EGLIGENCE Failed exercise of standard care 1. Due Care Must Be Exercised Design Materials Production Process Assembling & Testing Adequate Warning Inspection & Testing 2. Privity of Contract Not Required There is no contract that needs to exist between plaintiff and manufacturer, The liability is extended to anyone that was injured due to negligence product 1
2 UNIT TWO: THE PUBLIC AND INTERNATIONAL ENVIRONMENT 3. Cause in Fact and Proximate Cause Plaintiff must provide evidence that cause of fact was from the defendant, Defendants act was proximate cause of injury B. M ISREPRESENTATION Fraud committed against the user of product, knowingly and disregard for safety, not evidence of defective product needed.

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