VIDEO LECTURES
TORTS
STRICT LIABILITY AND PRODUCTS LIABILITY NOTES
STRICT LIABILITY
Strict Liability:
1) Possession of Wild Animals
2) Abnormally Dangerous Activities
Possession of Wild Animals:
• Non-domesticated animals
• Injury that would normally occur
• Domestic animals with dangerous
propensities
Examples:
Wild animals:
o Lions, tigers, and bears
Not Wild animals:
o Dogs and cats
HYPO
1) Jon comes over to your house. There is a lion in
your backyard. Jon sees it is a lion and turns to
run because the lion is going to bite his head
off. When Jon turns to run, he breaks his leg.
Can Jon sue for strict liability? What if the lion
was de-clawed?
2) Jon is walking in the woods at 4 AM, and it is
pitch black. Jon trips over a grizzly bear. The
grizzly bear was in the path because you
neglected to lock it up. Jon breaks his leg. Can
Jon sue for strict liability?
3) Jon is over at your house, and he pets your cat.
The cat bites him. Can Jon sue for strict liability?
Abnormally Dangerous Activity:
• Excavation
• Dynamite
• Toxic Chemicals
DEFENSE TO STRICT LIABILITY
Assumption of the Risk:
• Defense to Strict Liability
• Knew & Appreciated the risk
HYPO
1) Jon is walking down a street past a
construction site. They are blowing up a
building. There is a fence and a piece of
concrete comes over the fence and hits Jon on
the head while they are blowing stuff up. Jon
sues ABC Inc. based on strict liability. Will Jon
prevail?
2) There was a sign on the street that said “Flying
boulders and rocks due to construction,
proceed at your own peril.” Jon reads the sign
and thinks he can jump through the rocks. Jon
gets hit on the head. Jon sues ABC Inc. based
on strict liability. Will Jon prevail?
PRODUCT LIABILITY
Product Liability:
• A product breaks or doesn’t work properly
• 3 Causes of Action
Negligence
Breach of warranty
Strict products liability
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TORTS / STRICT LIABILITY AND PRODUCTS LIABILITY
HYPO
Jon goes into Verizon to buy a phone. The
salesman was supposed to tell him to activate the
phone, but the salesman did not. Jon brings the
phone home and tries to call you but the phone
breaks. What will Jon argue?
Products Liability – Negligence:
• Negligence in the chain caused the product
to break or not work
HYPO
Jon goes to Verizon to buy a phone. There was a
big red sticker on the box that said, "This phone will
not drop a call, guaranteed." Jon goes home and
tries to call you, but the call drops. What will Jon
argue?
Products Liability – Breach of Warranty:
• Promise about product performance
AdaptiTip
Most warranty questions will test on express
warranties
Merchantability:
• Product acted as it should
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TORTS / STRICT LIABILITY AND PRODUCTS LIABILITY
Fitness for a Particular Purpose:
• Product only works for particular purpose
Examples:
o Hurricane windows can withstand certain wind
speeds
o Tires can only withstand speed up to a certain
mph
o Phone can only make so many phone calls
HYPO
Jon goes to Verizon to buy a phone. Jon brings the
phone home. He tries to call you, but the phone
has a black screen. What will Jon argue?
Strict Products Liability:
1) Defective product
2) Sold by commercial seller
3) Foreseeable user
4) Used in manner it was intended
Commercial Seller:
• In the business of selling the product
HYPO
If Jon is selling phones out of the trunk of his car
on the weekend to make a few extra bucks, is he a
commercial seller?
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TORTS / STRICT LIABILITY AND PRODUCTS LIABILITY
HYPO
Jon buys a phone.
1) Would his wife be a foreseeable user?
2) Would his mom be a foreseeable user?
3) Would his friend be a foreseeable user?
4) Would someone who stole Jon’s phone be a
foreseeable user?
5) Would Dan Marino be a foreseeable user?
HYPO
1) Jon buys a chair. He is sitting on the chair, but
then he decides to stand up on the chair to use
it as a ladder. The chair breaks. Can he sue?
2) Jon buys a new smartphone from Verizon. The
Jets win the Super Bowl, and Jon makes a
thousand phone calls. The phone breaks. Is he
using the phone in the manner it was intended?
3) Jon buys a new smartphone. He gets a delivery
from FedEx, a new photograph. Jon doesn’t
have a hammer so he decides to use the back
of the phone as a hammer to hang up his
picture. The phone shatters. Can he sue
Verizon saying it is a defective phone?
Inadequate/Failure to Warn:
• A type of Defective Product under Strict
Products Liability
AdaptiTip
Strict Liability in Tort = Strict Products Liability
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TORTS / STRICT LIABILITY AND PRODUCTS LIABILITY
DEFENSES TO STRICT PRODUCTS LIABILITY
Defenses to Strict Products Liability:
1) Assumption of the Risk
2) Misuse
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TORTS / STRICT LIABILITY AND PRODUCTS LIABILITY
