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
animals
Animals
  • 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.
  • http://www.youtube.com/watch?v=A6OQfBwhDSU
slide9

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)
slide10

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.
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