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
