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Strict Liability. Chapter 21. Strict Liability. Describe the action that took place in the video clip. Demo Gone Wrong. Now, look at this video. . How are these demolitions different from the first ones?. SHORTER VIDEO. Aug 2013 http://www.youtube.com/watch?v=9O0ikDZOtJ8.

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strict liability1
Strict Liability
  • Describe the action that took place in the video clip.

Demo Gone Wrong

Now, look at this video. 

How are these demolitions different from the first ones?

SHORTER VIDEO

Aug 2013http://www.youtube.com/watch?v=9O0ikDZOtJ8

strict liability defined
Strict Liability Defined
  • Learning Outcomes – SWBAT…pg 264
    • Define the term Strict Liability
    • Explain how and why strict liability differs from negligence
  • Strict Liability (Liability Without Fault)
    • One exception to the requirement of fault in tort law
    • In some situations defendant liable to plaintiff regardless of fault
    • Defendant may be at fault even if acted reasonably and took all necessary precautions
    • Applied to ultrahazardous activities, dangerous animals, mfg & sale of defective products

What activities do you think might be considered ULTRAHAZARDOUS?

strict liability vs negligence
STRICT LIABILITY VS NEGLIGENCE

REVIEW

What are the elements necessary to prove a negligence tort?

PLUS

Plaintiff must convince the court that the activity causing the harm is the type of activity to which strict liability should be applied.

(duty, breach of duty, causation, damages)

STRICT LIABILITY

If no fault is required in Strict Liability, what elements do you think are necessary to find the Plaintiff liable?

Causation and Damages

slide5
Public Policy and Common Sense Require Those Who Conduct Dangerous Activities to Accept Responsibility
  • Learning Outcomes SWBAT…pg 265-266
    • list some of the dangerous activities for which strict liability applies
    • Explain why applying the standard of strict liability to certain activities creates an incentive for careful and safe practices.

FORESEEABLE HARM

DEFINE “DANGEROUS ACTIVITY”

If you ran a business that posed a strict liability risk, what might you do to protect yourself?

ACTIVITIES THAT INVOLVE A RISK OF HARM THAT CANNOT BE ELIMINATED EVEN BY REASONABLE CARE

Think * Pair * Share – Problem 21.1 page 265

product liability
Product Liability

Legal responsibility of Manufacturers for injuries caused by defective products

Manufacturers are often held to a strict liability standard for product liability. WHY? How does this benefit the consumer?

Is there potentially a down side to holding manufactures to this standard?