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9 Cards in this Set

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Strict Liability

No fault liability; SL for harm caused by abnormally dangerous activity (high risk no matter how much care, and activity is not usual for area)
- SL for wild animals
- SL for domestic animals requires knowledge of animal's dangerous propensity

Assumption of risk, contrib negligence is not defense.
Products Liability & Negligence

Unreasonable conduct involving manufacture/sale of product which is actual and proximate cause of P's injury.

P must be reasonably foreseeable victim. NO privity needed. Typical D is manufacturer, can be seller /component part maker.
Negligent failure to discover defect is not a superseding cause. If seller is negligent in failing to correct a manufacturer's negligence, manufacturer remains liable.

Same negligence defenses as discussed above.
Products Liablity & Strict Liability-

- P must prove a defect: in design, manufacture, warning, or instruction. Defect just needs to exist.

- P must prove product is unreasonably dangerous (dangerous beyond what ordinary consumer would contemplate OR whether less dangerous alternative is economically feasible)
Design must account for unintended foreseeable uses. Also, duty to warn about unintended foreseeable uses.

Causation: Defect must have caused injury. Look for substantial change since the time product left D.
Product Liability & SL

Proper D's: commercial supplier of the product. Sellers/lessors in reg business of selling or leasing; manufacturer; component part maker. NOT garage sales, loans from neighbors.

Proper P's: no privity needed. All foreseeable victims, including purchasers and bystanders.
Must be physical damage to person or property. If only economic loss, no SL recovery.

Assumption of risk is defense; contrib negligence isn't. Split on comparative neg.

SL inapplicable to services, unavoidably unsafe products (knives).

D's substantial and unreasonable interference w/P's use and enjoyment of property. Vibration, noise, light, odor. No extrasensitivity.

Interference must be unreasonable: balance harm vs. social utility. Consider character of area, frequency, time of day.
- No need to prove intent to be nuisance.
- Actual harm needed.
- Remedies: Equitable (close or limit hours); Damages (reduction in property value)

Public nuisance: health/safety/property rights of public are affected. Private P must prove unique injury apart from public.
Vicarious Liability: based on status, not fault

Employer/employee--> basic test is right to control [even if employer's VL, employee also liable for own tort]

Servants: right to control; paid salaries, not highly skilled, don't have own business, use boss's tool at boss's employment place, long-term

IC: own business, more skill, paid by the job, own tools, short term
No VL for IC unless IC engaged in inherently dangerous activity or non-delegable duty (LL's duty to repair). Liability for negligent hiring or supervision of IC is not VL.

VL for servant if servant's tort was w/in scope of employment- what/when/where/why?
Multiple Tortfeasors: generally, joint & several liability

Contribution: If 1D1 paid more than her pro rata share to P, entitled to contribution from D2 to equalize payment based on # of tortfeasors.

% in a comparative negligence state may be based on fault.
Indemnification: D seeks full reimbursement from another.
Deceased Tort Victim

Common law: CoA died w/victim

Wrongful death statute: damages for loss of support, services, companionship, consortium. Damages to surviving family members.
Survival statute: damages suffered by deceased between time of death and time of tort (e.g., med expenses). Damages to estate. If instantaneous death, $0.

Beneficiaries have no greater rights than victim would have had if victim had lived.

Majority reject: spousal, parent-child, charitable.

Federal gov: Sovereignty immunity protects v. tort suit. Federal Tort Claims Act (FTCA) waives immunity for negligence. No punitive damages/SL claims.
State gov: sov imm, but most have limited waiver.

Municipal gov: immune while engaged in government functions, but not proprietary ones (trash collection, parking lots)