STRICT LIABILITY AND PRODUCT LIABILITY
Strict Liability • Another type of claim in tort law. Liability is imposed without regard to fault. • Courts apply the strict liability doctrine in cases where there are abnormally dangerous activities or situations.
Example: Non Product Strict Liability • Dynamite blasting because it is abnormally dangerous. If someone is injured, the blaster will be held liable even if they were not at “fault” (negligent).
Example: Non Product Strict Liability • Dangerous Animals that get loose or attack even if owner was not at “fault.”
Another Example: Farm Animals on the Loose – Strict Liability • Horses, bulls, cows, can get loose even if you make good fences. They can cause property and personal injury.
PRODUCT LIABILITY • Product Liability is the legal liability of manufacturers, sellers and lessors of goods to consumers, users, and bystanders for injuries or damages caused by the goods. • Remember, the operative word, product .
2 Theories for Claims Based on Product Liability : • Contract Claims – Re: Products, the “contract” is usually a warranty, either express or implied. • Tort Claims – Negligence in design, materials, assembling, inspecting and testing. – Misrepresentation – Strict Liability
Product Liability Based on Warranty Law (Contract Law- can be oral or written express warranty.)) • News cars, tvs, computers. • Generally, new goods will have express warranties. If something goes wrong with them, you can pursue a claim based on the express warranty.
Product Liability Based on Warranty Law (Contract Law) • Many goods have implied warranties of merchantability. • This means goods should be reasonably fit for the ordinary purpose for which they are used.
Disclaimers • A manufacturer can disclaim warranties. – The express warranty can contain express limitations. – The implied warranty or merchantability can be disclaimed by the expressions “as is” or “with all faults.”
Disclaimers of Warranties • “This product is being sold “As Is”
Disclaimer of Warranties • “Results May Vary”
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- Fall '11
- Tort Law, final product, Product liability