ch06

West's Business Law with Online Research Guide, 9th Edition

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Unformatted text preview: STRICT LIABILITY Strict Liability: Liability regardless of fault. Strict liability is imposed on defendants whose activities are abnormally dangerous or involve dangerous animals and on defendants whose products are defective. Abnormally Dangerous Activities: Some activities are so inherently dangerous that they give rise to liability without regard to fault because the activity (1) involves serious potential harm to persons or property, (2) involves a high degree of risk that cannot be completely guarded against by the exercise of reasonable care, or (3) is not commonly performed in the community or under the circumstances. Ch. 6: Strict Liability and Product Liability - No. 1 West’s Business Law (9th ed.) PRODUCT LIABILITY: NEGLIGENCE Product Liability: A manufacturer’s, seller’s, or lessor’s liability to consumers, users, and bystanders for physical harm or property damage that is caused by the goods . Negligence: A manufacturer is liable for its failure to exercise due care to any person who sustained an injury proximately caused by the manufacturer’s negligence in (1) designing the product, (2) selecting materials (including any component products purchased from another seller that are incorporated into a finished product), (3) using appropriate production processes , (4) assembling and testing of the product, and (5) placing adequate warnings on the product, which inform the user of dangers of which an ordinary person might not be aware. Ch. 6: Strict Liability and Product Liability - No. 2 West’s Business Law (9th ed.) PRODUCT LIABILITY: MISREPRESENTATION Misrepresentation: A manufacturer may also be liable for any misrepresentations made to a consumer or user of its product if the misrepresentation causes the consumer or user to suffer some injury. To be actionable, a misrepresentation must be made knowingly or with reckless disregard for the facts. In addition to affirmative misrepresentations, a manufacturer may also be liable for knowingly or recklessly omitting to tell the consumer or user some relevant fact or concealing that fact from the consumer or user....
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ch06 - STRICT LIABILITY Strict Liability Liability...

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