Student ppt Chapter 7

Student ppt Chapter 7 - Chapter 7 Strict Liability and...

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Chapter 7 Strict Liability and Product Liability
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2 §1: Strict Liability Theory of strict liability started with Rylands v. Fletcher (1868 England). Defendant’s liability for strict liability is without regard to: Fault, Foreseeability, Standard of Care or Causation. Liability is based on abnormally dangerous activities.
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3 Abnormally Dangerous Activities Defendant is strictly liable for an “abnormally dangerous activity” if: Activity involves serious potential harm; Activity involves high degree of risk that cannot be made safe; and Activity is not commonly performed in the community or area.
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4 Wild Animals Persons who keep wild animals are strictly liable for injuries caused by the beast. Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.
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5 §2: Product Liability Product Liability is not a new tort. Liability can be based on: Negligence; Misrepresentation; or Strict Liability; Warranty Theory.
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Product Liability (Negligence) Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe. Case 6.1:
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This note was uploaded on 05/29/2010 for the course ACCT ACCT 2292 taught by Professor Acct2292 during the Spring '09 term at Troy.

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Student ppt Chapter 7 - Chapter 7 Strict Liability and...

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