• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

26 Cards in this Set

  • Front
  • Back
Strict Liability Elements:
For strict liability Plaintiff must show that the nature of the defendant's activity imposes an absolutel duty to make safe, the dangerous aspect of the activity was the actual and proximate cause of the plaintiff's injury and the plaintiff suffered damage to person or property
Strict liability for wild animals
An owner is strictly liable to licensees and invitees for injuries caused by wild animals (even those kept as pets)
Strict liability for Domestic animals
An owner is not strictly liable for injuries caused by domestic animals unless he has knowledge of that particular animals dangerous propensities not common to the species.
Strict liability: Trespassers
Will not be imposed in favor of trespassers w/o negligence of the owner. A landlord may be liable on intentional tort grounds for injuries inflicted by vicious watchdogs.
Strict Liability: Abnormally Dangerous Activities
Ryland v. Fletcher: An activity is abnormally dangerous when the activity crease a foreseeable risk of serious harm even hwhen reaosnable care is exercised by all actors and the acitivty is not a matter of common usage in the community.
Strict Liability: Contributory Negligence
Contributory negligence is no defense unless Plaintiff knew of the danger and his unreasonable conduct was the cause of the harm from the wild animal or abnormally dangerous activity.
Strict Liability: Assumption of the risk
Assumption of the risk is a good defense: Use it if you can.
Strict Liability: Comparative Negligence
Most comparative negligence states apply their rules to strict liability.
Products Liability: Elements
Defendant was a merchant, must show product was defective, the product has not been altered since it left D's hands, and P was making a foreseeable use of the product at the time of the injury. (privity not required)
Products Liability: Types of Defects
Manufacturing defect, Design defect, inadequate warnings
Products Liability: Manufacturing Defect
When product differs from all other products that came off the assembly line in a way that makes it more dangerous than P would expect (Consumer Expectation Test)
Products Liability: Design Defects
When all products of a line are the same but have dangerous propensities. Plaintiff must show that there was a reasonable alternative design.
Products Liability: Reasonable Alternaitve Design
The design was safer than the version marketed, and does not seriously impact the product's price or utility
Products Liability: Government safety standards
A product's noncompliance establishes that is was defective. A product's compliance is evidence, but not conclusive that the product was defective.
Products liability: Inadequate Warnings
A product has an inadequate warning if it fails to warn of the risks involved in using the product that may not be apparent to users. Prescription drugs and medical devices, warnings are given to learned intermediaries.
Products Liability: Unavoidably Unsafe Products
Manufacturers will not be held liable for some dangerous product if the danger is apparent and there is no safer way to make the product
Products Liability: Defenses
Comparative Fault
Products Liability: Damages:
Compensatory, and punitives
Products Liability Theories
Intent: Not very common. Negligence: Duty: any foreseeable Plaintiff: Privity is not required so users, consumers and bystanders can sue. Breach shown by negligent conduct of D leading to the supplying of a defective product. Can be satisfied through cursory inspection.
Products Liabiltiy Theories Strict PL
Elements: a strict duty owed by a commercial supplier of a product; production or sale of a defective product, actual and proximate cause and damages
Products Liability: Strict PL
For liabiltiy to attach, product must reach Plaintiff without substantial alteration. Does not extend to services. Casual sellers not liable.
Strict Products Liability
To prevail on a strict products liability action, Sally must prove the following elements 1) Strict duty owed by a commercial supplier 2) breach of duty 3) actual and proximate cause 4) damages
Strict Products Liabiltiy: Commercial Supplier
owes a strict duty to users, consumers and bystanders.
Strict Products Liability: Breach of Duty
Must show that the product was defective when it left D's control (manufacturing defect, design defect, inadequate warnings)
Strict Products Liabilty: Actual Causation
Plaintiff must trace the harm suffered to a defect in the product that existed when it left Defendant's control.
Strict Product Liability: Inadequate warning Defenses
Ordinary contributory negligence is not a defense where Plaintiff fails to discover the defect or guard against its existence