chapter 10-15

strict liability applies in three situations

harm caused by animals, harm caused by abnormally dangerous conditions, harm caused by defective products.

contributory negligence

not a defense to strict liability

an owner or caretaker of a domestic animal may be held strictly liable for any harm the animal causes to others if

1.the owner or caretaker had a reason to know the animal had a specific propensity to cause harm 2. the harm caused by the animal was due to the specific propensity

breach of express warranty

_________ used to bring products liability actions when there's a legal failure of the maker of an express warranty to fulfill it

misrepresentation

___________ can be used to bring a products liability action where there is an intentional making of false statement or failure to disclose when a duty exists

unforeseeable product misuse

a defense that applies when a consumer used the product for purposes not intended

assumption of risks

a defense to all classifications of torts, including strict liability that applies when the plaintiff knowingly and voluntarily agrees to accept the risk of being injured by certain conduct of the defendant

comparative negligence

a defense to strict liability in states that recognize this defense, thereby proportionately reducing the plaintiff's recovery

commonly known dangers

a defense to strict liability that applies when dangers associated with certain products are so obvious that manufacturers need not to warn.

knowledgeable user/sophisticated user defense

a defense to strict liability that applies when particular users of a product should, because of experience and training, know of the particular dangers

immunity

a defense to tort liability, including strict liability, that protects certain tortfeasors from liability for their tortious conduct

Negligence

a product liability action can be brought under _______ theory when a person suffers harm because of another's unreasonable act or omission

breach of implied warranty

a products liability action can be brought under ______ when a product is not proper quality and fit for the ordinary purposes for which the product is sold

defense

a response by a party to the claim of another party setting forth the reasons

abnormally dangerous conditions

conditions or activities that are not usual for the area and that create substantial likelihood of significant harm that cannot be eliminated by the exercise of reasonable care

seller, defective product, a user or consumer, damages, causation

essential elements of strict products liability

the elements of abnormally dangerous conditions are:

existence of the conditions, knowledge of the conditions, damages, causation

statue of limitation

laws enacted by legislatures to limit the time period within a plaintiff could file suit

statues of repose

laws enacted that place outer time limits on certain claims but not dependent on the accrual of a cause of action

product liability

legal liability of manufacturers, sellers and others for harm caused by defective products

strict liability

liability is determined regardless of fault or blameworthiness of the defendant

what are the three types of product defects

manufacturing defects, design defects, warning defects

depending on the facts and circumstances, to bring product liabilities actions, plaintiffs may use what theories:

negligence, misrepresentation, breach of express warranty, breach of implied warranty, implied warranty of fitness and strict liability

implied warranty of fitness

product not fit for the particular purpose to which the buyer sought the seller's expertise in selecting and purchasing

product defect

something wrong with a product that makes it dangerous, increasing the risks of harm to persons and their property

false

strict liability applies to injuries of licensees, invitees and trespassers.

strict liability

tort liability imposed regardless of fault or blameworthiness of the defendant, also called absolute liability or liability without fault