Torts Rule Statements - Vicarious, Product, & Strict Liability

Front 1

Strict liability generally

Back 1

Liability can be imposed on a defendant even if the defendant is not negligent if the plaintiff can show that the dangerous activity was the actual and proximate cause of the plaintiff’s personal injury or property damage.

Front 2

Abnormally dangerous activities

Back 2

A defendant is liable for engaging in abnormally dangerous activities when (1) the activity is not common, (2) the risks are unavoidable, even if reasonable care is taken, (3) that there was a harm, and (4) that the abnormally dangerous activity was the actual and proximate cause of the harm.

Front 3

Respondeat Superior

Back 3

Employers could be held liable for the torts of certain employees if those torts were committed within the scope of employment.

Front 4

Independent contractors

Back 4

Defendants are not liable for tortious acts of independent contractors.

Front 5

Manufacturing defect

Back 5

To state a claim for a manufacturing defect, the plaintiff must show that the product was in fact in a defective condition unreasonable dangerous for its intended use, that such defect existed when the product left the defendant’s control, and that the defect was the actual and proximate cause of the injury sustained.

Front 6

Design defect

Back 6

To state a claim for a design defect, the plaintiff must show that there was a safer alternative, the safer alternative would have prevented or significantly reduced the risk of injury without substantially impairing the product’s utility, and the safer alternative was both technologically and economically feasible when the product left control of the manufacturer.

Front 7

Contributory negligence

Back 7

Contributory negligence is not a defense where plaintiff failed to disclose the defect or guard against its existence.

Front 8

Comparative negligence

Back 8

A plaintiff and defendant may both be held liable according to their degree of fault.

Front 9

Disclaimers

Back 9

If the defendant used a disclaimer, the jury may find this defense acceptable.

Front 10

Misuse

Back 10

If a plaintiff uses the product in a manner that is neither intended nor foreseeable, the defendant is not liable.

Front 11

Trespassing animals

Back 11

Owner strictly liable for damages done by trespass of his animals (but not household pets) that were reasonably foreseeable.

Front 12

Abnormally dangerous animals

Back 12

Owners strictly liable for injuries caused by wild animals, even if they’re pets.