Strict Liability
Liability without fault.
What is strict liability?
The failure to exercise the degree of care that a reasonable person would under the circumstances.
What is negligence?
The first three requirements for strict product liability.
What are 1) product in defective condition when sold; 2) defendant must be normally engaged in selling that product; and 3) product must be unreasonably dangerous to user?
The two-prong test for assumption of risk.
What are 1) plaintiff knew and appreciated the risk created by product; and 2) plaintiff voluntarily assumed the risk even though unreasonable to do so?
Old English case that established strict liability.
What is Rylands v. Fletcher (1868)?
The claim when a manufacturer fails to exercise "due care" to make a product safe.
What is product liability based on negligence?
The second three requirements for strict product liability.
What are 4) plaintiff must incur physical harm; 5) defective condition must be proximate cause of the injury; and 6) goods not substantially changed?
The defense when a product is used for a purpose for which it is not intended.
What is the product misuse defense?
The two situations where courts apply strict liability.
What are abnormally dangerous activities and wild animals?
The first three areas where a manufacturer must use due care in making a product.
What are 1) designing the product; 2) selecting the materials; and 3) using the appropriate production process?
The three types of product defects.
What are 1) manufacturing defects; 2) design defects; and 3) inadequate warnings?
A risk associated with a product that manufacturers do not need to warn about.
What are commonly known dangers?
What is 1) serious potential harm; 2) high degree of risk that cannot be made safe; and 3) not commonly performed in that area?
The second three areas where a manufacturer must use due care in making a product.
What are 4) assembling and testing the product; 5) placing adequate warnings on the label; and 6) inspecting and testing purchased components?
The two-prong test for design defects.
What are 1) a reasonable alternative design was available; and 2) as a result of failure to adopt that design, the product was not reasonably safe?
A particular danger is commonly known to particular users of a product.
What is the knowledgeable user defense?
The test for holding an owner of a domestic animal strictly liable for harm.
What is that the owner knew or should have known of the animal's dangerous propensities ("one bite rule")?
The relationship between parties to a contract that is not required for a product liability lawsuit.
What is privity of contract?
The content of adequate warning labels on a product.
What are that the foreseeable risks of harm and foreseeable misuse of the product are included?
The restriction of time within which a lawsuit can be filed.
What is a statute of limitations (or repose)?