Torts - Products Liability

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TORTS - Strict Liability
(Products Liability)

General Rule:

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A person ENGAGED IN THE BUSINESS OF SELLING A PRODUCT can be held STRICTLY LIABLE if the PRODUCT CAUSES HARM because it is DEFECTIVE AND UNREASONABLY DANGEROUS.

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Strict Liability will NOT apply if the activity is not:

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the type of expected harm.

In some situations, conduct that is subject to strict liability will result in an UNEXPECTED TYPE OF HARM.
Rule: In these circumstances, strict liability will NOT be imposed if the harm that occurs is not within the scope of the risk that makes the cnduct5 subuject to strict liability.
(Example: The possiblity of someone slippintg on the hazardous chemiucal is not the risk that makes that activity agbnormally dangerous, and slipping is NOT the sort of risk that would be reasonably foreseen and that makes that activity abnormally dangerous. Therefore strict liability will NOT apply.

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** STRICT PRODUCTS LIABILITY

To establish a prima facie case in products liability based on STRICT LIABILITY in Tort, the following elements must be proved:

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(4 elements)

1. Defendant is a COMMERCIAL SUPPLIER of the product in question; (as distinguished from a casual seller);
2. BREACH of that duty:
3. ACTUAL & PROXIMATE CAUSE
4. DAMAGES.

(C,B,C,D)

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Strict Products Liability

Element 1:

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1. Strict duty owed by a commercial supplier
(Pltf must prove that Def. is a COMMERCIAL SUPPLIER of the product).

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Strict Products Liability

Element 2:

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2.

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Strict Products Liability

Element 3:

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(Actual & Proximate Cause)

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Products Liability

(5) Theories of liability:

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Pltfs in products liability cases may have 1 of 5 possible theories of liability available:

1. Intent (Intentional)
2. Negligence
3. Strict Liability
4. Implied warranties of merchantability - and - fitness for a particular purpose
5. Representation theories
(express warranty and misrepresentation)

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Strict Products Liability

* Proximate Cause

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The majority view is that the same rules of direct and indirect causation govern in strict liability as they do in negligence. *Defendant's liability CAN be cut-off by unforseeable intervening forces.

(In fact, the courts tend to hold more intervening forces "unforseeable."

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Strict products liability

4.
- Which types are available?

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4. Damages
The types of damages recoverable are personal injury and property damages.

Most states DENY recovery under strict liability when the SOLE claim is for ECONOMIC loss.

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Defenses available in
Strict Products Liability cases:

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1. CONTRIBUTORY NEGLIGENCE (states)
2. COMPARATIVE NEGLIGENCE (states)
3. DISCLAIMERS of Liability Ineffective