Strict Liabilty
The owner of a wild animal is always
Strictly liable for any harm cause
Nuisance is...
the unreasonable interference with one's use and enjoyment of land or right common to the general public
Who can a user sue when a product causes harm in its original condition?
Any distributor of the product
Has
- implied covenant of GF
- must consider the best interest of the purchaser
- must accept a settlement offer w/n policy limits
Insurance
Workers Comp
Mandatory insurance system that compensates employees for work related injury or illness regardless of fault
A farmer may be ______ _______ for their live stock if damages caused by intruding livestock that are:
Not reasonably expected from the intrusion,
Done by animals straying onto abutting land while being driven on the highway,
Brought about by the unexpected operation of a force of nature, action of another animal, or intentional, reckless, or negligent conduct of a 3rd party.
Strictly Liable
Who are the two types of people who can sue for public nuisance?
1. a private individual who has suffered unique harm
2. a person representing the general public
P must suffer more than just economic loss but also
Product conforms to the manufacturer's design and is unreasonably dangerous
plaintiff must usually show a reasonable alt design
Design Defect
To and From Rule
Employees going to and from work are not acting within the course of their employment and may not receive workers compensation
Owners of domesticated animals that have _____ _________ _________ are liable for negligence if they fail to exercise reasonable care in preventing harm.
known dangerous propensities
Private Nuisance
A substantial, unreasonable interference with another’s private use or enjoyment of property he actually possesses
Harm must be a kind that a typical person in the same community would suffer (not for ultra-sensitive plaintiffs).
A product is unreasonably dangerous if it more dangerous than the user would ordinarily expect when used or misused in a reasonably foreseeable manner
Consumer Expectation Test
Risk Utility Test
Danger associated with foreseeable use of the product outweighs the products utility
Danger cannot outweigh product’s usefulness
Obviousness of the danger
Reasonable alternative design
True or False: Employees who are engaging in horseplay at work and get hurt can receive workers comp
False
What are the factors for determining if an activity is ultra hazardous?
*Every Lawyer Eventually Commits Inappropriate Battery*
Existence of a high degree of risk of some harm
Likelihood the harm will be great
Inability to eliminate the risk via reasonable care
Not a matter of Common usage
Inappropriateness of the activity to the place where it is carried
Balance test
Public Nuisance
Unreasonable interference with a right common to the general public such as public peace, comfort, safety and convenience
Something went wrong and the product departed from its intended design causing the manufacturer to be strictly liable
Manufacturing Defect
Learned Intermediary Rule
Manufacturer does not have duty to warn because the doctor intervenes and takes the responsibility to warn patients of risks
applies to accidental injuries that occur in and arise out of the course of employment
Workers comp injuries
True or false: CL says there is no strict liability for harm caused by pets unless the owner had reason to know of potential harm
True
When a tortfeasor and a person being held liable for the tortfeasor's actions have a special relationship making the non-tortfeasor liable for acts arising out of the course of employment (not usually an independent contractor)
Vicarious Liability
Duty to Warn
A reasonable warning that reduces or eliminates foreseeable risk associated with the use of a product
Inform average users about specific risks
True or false: a manufacturer can be held liable for a design and manufacturing defect
False
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