chapter 21 strict liability
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Chapter 21-Strict Liability

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Chapter 21-Strict Liability. Strict Liability. The legal responsibility for damage or injury even if you are not negligent (liability without fault) Ex: ultrahazardous activities, dangerous animals, defective products. Strict Liability.

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strict liability
Strict Liability
  • The legal responsibility for damage or injury even if you are not negligent (liability without fault)
    • Ex: ultrahazardous activities, dangerous animals, defective products
strict liability1
Strict Liability
  • To prove strict liability you must only prove causation and damages.
  • You must also convince the court the issue is unreasonably dangerous.
dangerous activities
Dangerous Activities
  • Activities are considered unreasonably dangerous when:
    • They involve a risk of harm that cannot be eliminated even by reasonable care.
      • Demolition company using.(Because the company is strictly liable for any damage they cause, they usually include this cost in the price they charge for the work).
dangerous activities1
Dangerous Activities
  • Toxic Torts: lawsuit against a manufacturer of a toxic substance for harm caused by the manufacturer or disposal of that substance
  • Generally owners are strictly liable for any harm caused by their untamed animals.
  • For household pets the owner is strictly liable only if he or she knew or should have known that the pet was dangerous or destructive.
    • Lease laws protect owners from some liability!
defective products
Defective Products
  • Product Liability: the legal responsibility of manufacturers for injuries caused by defective products
  • The US Consumer Product Safety Commission (CPSC) deals with consumer product safety.

Strict Liability forces companies to design safe products, test products thoroughly, and include clear directions and warnings on products.

  • Strict Liability causes companies to spend more money on research and development, safety features, and insurance.
    • (increased company spending=high prices for consumers)

Fear of expensive lawsuits can prevent some companies from producing new and useful dangerous products….VACCINES!

  • Benefits > Costs …then not

strict liability!

defenses to strict liability
Defenses to Strict Liability
  • The best strategy is to try and prove negligence in a particular case.
  • Try and prove there is no causation and there were no damages.
  • If the user misuses the product or ignores clear safety warnings, the strict liability may not apply.