Strict Liability/products Liability

Front 1

Strict Liability

Back 1

Liability without fault (regardless of fault/negligence/recklessness + no intent to cause the harm.)

• Strict liability is premised on D's voluntary decision to engage in extremely risky activity (policy: risk should be borne by pursuers, not innocent persons exposed to that risk)
• Personal injury or property damages

Front 2

Animals

Back 2

Courts impose strict liability on:

• Owners of trespassing livestock
• Keepers of naturally dangerous wild animals
• SL is limited to the kind of harm for which animal(s) raises the possibility. Consider:

inappropriateness of location to keep animal.

• Defense: instigation (assumption of risk)

Front 3

Abnormally Dangerous (Ultrahazardous) Activities

Back 3

Necessarily involve risk of harm that reasonable care cannot eliminate.

• Blasting
• Crop dusting
• Stunt flying
• transporting large quantities of gas by truck
• shooting gun in city?

Front 4

Abnormally Dangerous Factors

Back 4

• Inappropriateness of activity in location / normality of activity in area
  
• ease of preventing harm to others thru exercise of reasonable care
  
• social utility of defendant's conduct vs. risk of harm
  
• likelihood of great harm resulting
  

Front 5

Sole Defense: Assumption of Risk

Back 5

Plaintiff's voluntary consent to a known danger.