Download Chapter 21: Strict Liability

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Transcript
one exception to the requirement of fault is
strict liability, also known as liability without
fault.
Applies to
- Ultra Dangerous Activities
- Dangerous Animals
- Defective Products
To Prove strict liability cases, require only
proof of causation and damages
Activities that are SO dangerous that no
amount of reasonable care can fully eliminate
the risk
Examples: Chemical transportation, Demolition
Certain Animals are considered “dangerous”
and inherit a Strict Liability if they harm
another
Examples: Lion, Tigers, Bears OH MY.
Most Dogs are not considered dangerous until
they have a history of biting
Pitt Bulls are classified as dangerous
Leash laws affect the liability of the owners
Product liability—the legal responsibility of
manufacturers for injuries caused by
defective products
Example: A drug company does not warn you
about potential lethal side effects of a drug,
you take the drug, you die. The company is
liable
This is why you see warning labels on
EVERYTHING
Misuse – Used in product Liability that the
person either used the product well outside
of its intended use, or ignored obvious
warnings
No causation – “The chemical spill didn’t cause
your cancer”
No Damages