What is required to bring a claim under the FTCA?
What is the claim must be:
Strict Liability is imposed on these types of animals found on another's land...
What is trespassing animals.
- An owner of livestock or other animals (not including domestic animals) that intrude on another's land is strictly liable for reasonably foreseeable damage done by the animal(s)
Shopkeeper's Privilege
What is store may detain a suspect if: 1) store has reasonable cause to believe a theft occured 2) store detains suspect for only a reasonable period and for purposes of investigation and to summon law enforcement 3) Determination must be reasonable (only non-deadly force allowed)
What is strict products liability, who's responsible, and what are the types?
Anyone in the manufacturing or distribution chain of a defective product, may be held liable for any harm caused, even if they exercised due care.
1. Manufacturing Defect - Deviation from what the manufacturer intended
2. Design Defect - Intended design is inherently defective
3. Marketing Defect - Failure to give reasonable warning about foreseeable risk of harm
What is a common carrier?
A common carrier is an entity that transports members of the public for a fee and owes its passengers a heightened duty of care consistent with the practical operation of its business. This heightened duty requires the carrier to take all reasonable precautions to protect passengers from foreseeable harm, including risks posed by employees, other passengers, and third parties.
What are the elements of false imprisonment?
When the defendant intentionally confines another without lawful privilege (authority) and against his consent within a limited area for any appreciable time, however short
- Confinement – must limit freedom of movement in all directions for an appreciable amount of time using (1) physical force, (2) threats or duress or (3) false pretenses of lawful authority to which the victim submits
When a product creates an unforeseeable risk of danger due to its faulty design, the P must show:
What is a reasonable alternative design exists that is safer and has a comparable cost and purpose?
Strict liability for dogs
What is owner will be held liable for dog if: the owner knows or has reason to know of their domestic animal's dangerous propensities
Ex. Dog bite statutes – hold dog owners strictly liable for harm caused by their dog biting another person
What is an invitee and what duty is owed?
What is: Someone invited to enter or remain on the land for purposes that are open to the public, OR someone who is invited to enter or remain on the land for purposes of conducting a business transaction
Where the D invades P's property to protect themself or someone else...
What is private necessity?
What is the difference between Abnormally Dangerous Animals & Wild Animals?
ADA - Strict liability is imposed if, but only if, the owner knows or has reason to know of the animals abnormally dangerous tendencies (to attack without warning for example) and liability attaches only “if the harm ensues from that dangerous tendency."
Wild Animals - strict liability is usually imposed for injuries connected with the wild characteristics of the animal, so that the person in charge will be held liable in spite of all possible care. Animals in this “wild” category” include lions and tigers and bears that people have seen fit to import and exhibit.