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17 Cards in this Set

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What is the liability for injuries caused by domestic animals?
general rule - no strict liability for house pets and farm animals.
Exception - you will be strictly liable if you have a domestic aninal with viscious propensities and you have awareness of it.
What would give you knowledge of a domestic animal's vicious propensity?
previously bit someone or maybe enough if snarls at ppl
What is the liability for injuries caused by wild animals?
strict liability - safety precautions don't matter.
When can there be strict liability in torts?
1. Injuries caused by animals (domestic v. wild)
2. abnormally dangerous activities
3. Injuries caused by consumer products
How do you determine if something is an abnormally dangerous activity?
1. activity must create a foreseeable risk of serious harm even if reasonable care is exercised
2. the activity must not be a matter of common usage in the area where the def. conducts it
Does strict liability take into account safety precautions?
no, they are ignored
What are the four elements of strict liability for consumer products?
1. def must be a merchant
2. evidence that the product is defective
3. the product has not been altered since it left the def's hands
4. the pl must be making a forseeable use of the product at the time he is injured.
Who is a merchant for strict liability purposes?
1. commercial lessors
2. every merchant in the chain
Who is not a merchant for strict liability purposes?
1. casual sellers
2. service providers
What are the tow different types of product defects?
1. manufacturing defect
2. design defect
What is a manufacturing defect?
it differs from all the others that came off the same assembly line in a way that makes it more dangerous than consumers would expect.
What is a design defect?
if there exists a safer, practical, cost-effective way to build it.
Hypothtical alternative design
Is information part of product design?
yes, it is better to sell w/ a warning than w/o.
Are warnings sufficient for a physically defective product?
no, better to have the physically safer design.
When is the product assumed not to be altered?
when it moves in the ordinary channels of distro, it is assumed to not have been altered.
Does not apply to used goods.
What is a foreseeable use of the product?
bar exam trick - foreseeable use is not limited to the uses the manufacturer or merchant intended - missues may still be foreseeable.
What is the affirmative defense to strict liability?
comparative fault - any pl misconduct, or fault will lead to a damage reduction base on percentages.