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Unformatted text preview: CHAPTER 13 CHAPTER STRICT LIABILITY DEFINITION DEFINITION Strict Liability: Liability for Injury Imposed for Strict Reasons Other Than Fault Reasons Imposes Liability Regardless of Intent or Fault Imposes of Defendant of Types Abnormally Dangerous Activities Product Liability ABNORMALLY DANGEROUS ACTIVITIES ACTIVITIES Characteristics Activity Involves Potential Serious Harm to Persons or Property Activity Involves High Degree of Risk That Cannot Be Activity Completely Guarded against with Reasonable Care Completely Activity Not Commonly Performed in Area Blasting Wild Animals Examples PRODUCTS LIABILITY PRODUCTS Theories of Product Liability Negligence Design Manufacture Testing Warning Manufacturer, Retailer or Wholesaler Sells an Unreasonably Dangerous Product Strict Liability ELEMENTS OF STRICT LIABILITY ELEMENTS Product in Defective Condition When Sold Defendant in Business of Selling Product Product Unreasonably Dangerous Plaintiff Injured Defective Condition Proximate Cause Product Not Substantially Changed TYPES OF DEFECTS TYPES Manufacturing Design Warnings: Foreseeable Risk of Harm Could Warnings: Have Been Reduced by Reasonable Instructions or Warnings or DEFENSES TO PRODUCT LIABILITY CASES LIABILITY Assumption of Risk Product Misuse Comparative Fault Commonly Known Danger Statute of Limitations Statute of Repose ...
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