Strict Liability STRICT LIABILITY 1 Abnormally dangerous activities

Strict Liability STRICT LIABILITY 1. Abnormally dangerous activities 2. Animals “Gone Wild!!!” 3. Defective products that injure

Strict Liability Theory 1. Negligence of defendant is not the issue 2. Contract law is not the issue 3. Liability is imposed as a matter of public policy 4. This shifts the loss from the plaintiff to the manufacturer and/or seller 5. Section 402 A Restatement of Torts

Strict Liability ELEMENTS 1. Merchant seller 2. Defective product 3. Defect makes product unreasonably dangerous 4. Defective when sold 5. Plaintiff is injured 6. Defect caused the injury

Strict Liability “Defect” 1. Manufacturing defect 2. Design defect 3. Failure to warn

Defective Products see Restatement 3 d • Manufacturing Defects – Some units are defectively made • Design Defect – All units are made according to defective design • Failure to Warn – An otherwise safe product is unsafe for user without instruction

Manufacturing Defects • Manufacturing Defects – Some units are defectively made when the product… “departs from its intended design, even though all possible care was exercised…”.

Design Defect • “A defectively designed product is one which, at the time it leaves the seller’s hands, is in a condition not reasonably contemplated by the ultimate consumer and is unreasonably dangerous for its intended use. ” • Restatement of Torts, Section 402 A

Defective Warning • A product is defective “because of inadequate instructions or warning when the foreseeable risks of harm…could have been reduced or avoided…and the omission of the instructions or warnings renders the product not reasonable safe. ” • Restatement of Torts, 3 d

Defenses to Strict Liability • • Assumption of Risk Product Misuse Comparative Negligence Commonly Known Dangers (No Duty to Warn) • Statute of Limitations

Damages • What is the value of a human life? • What is the proper measure of damages?

The Scope of the Problem • http: //www. cpsc. gov/