ch06 - Chapter 6 Strict Liability and Product Liability 1:...

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Chapter 6 Strict Liability and Product Liability
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2 §1: Strict Liability Defendant’s liability for strict liability is without regard to: Fault. Foreseeability. Standard of Care. Causation. Liability is based on creation of extraordinary risk.
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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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6 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.
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7 Product Liability (Negligence) [2] Manufacturer must exercise “due care” in: Designing products; Manufacturing and Assembling Products; Inspecting and Testing Products; and Placing adequate warning labels.
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8 Product Liability (Negligence) [3] Manufacturers who violates state or federal law in the manufacture or labeling of a product, may be negligent per se . No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product.
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9 Product Liability (Misrepresentation) Occurs when fraud committed against consumer or user of product. Fraud must have been made knowingly or with reckless disregard for safety. Plaintiff does not have to show product was defective.
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10 §3: Strict Product Liability Manufacturers liable without regard to fault based on public policy: Consumers must be protected from unsafe products; Manufacturers should be liable to any user of the product; Manufacturers, sellers and distributors can bear the costs of injuries.
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11 Strict Product Liability [2] Requirements for strict liability: Product is unreasonably dangerous when sold Defendant sells the product;
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This note was uploaded on 11/16/2011 for the course ECON 101 taught by Professor Tom during the Spring '11 term at FH Joanneum.

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ch06 - Chapter 6 Strict Liability and Product Liability 1:...

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