Understanding Strict Liability

• Strict liability is a legal doctrine that holds a party responsible for damages or injuries, regardless of fault or negligence
• Under strict liability, the injured party does not need to prove that the defendant acted negligently or with intent to cause harm
• The focus is on the inherently dangerous nature of the activity or product, rather than the conduct of the defendant

Categories of Strict Liability

• Abnormally dangerous activities
  • Involve a high degree of risk that cannot be eliminated with reasonable care
  • Are not commonly performed in the community
  • Examples include blasting, storing hazardous materials, and keeping wild animals
• Product liability
  • Manufacturers, distributors, and retailers can be held liable for defective products
  • The defect makes the product unreasonably dangerous
  • Liability applies even if the company was not negligent in producing or selling the product
• Animals
  • Owners of wild or inherently dangerous animals are strictly liable for any harm caused by the animals
  • Owners of domestic animals may be strictly liable if they knew or should have known of the animal's dangerous propensities

Abnormally Dangerous Activities

• Factors determining abnormally dangerous activities
  • Existence of a high degree of risk of some harm to the person, land or chattels of others
  • Likelihood that the harm that results from it will be great
  • Inability to eliminate the risk by the exercise of reasonable care
  • Extent to which the activity is not a matter of common usage
  • Inappropriateness of the activity to the place where it is carried on
  • Extent to which its value to the community is outweighed by its dangerous attributes
• Examples of abnormally dangerous activities
  • Blasting or using explosives: High risk of harm even with reasonable care
  • Crop dusting: Involves spreading chemicals that can drift and cause harm
  • Storage of hazardous materials: Risk of leaks, explosions, and contamination
  • Nuclear activities: Potential for catastrophic harm from radiation
• Limitations and defenses
  • Strict liability does not apply if the harm is caused by an act of God or a third party
  • Contributory negligence is not a defense to strict liability
  • Assumption of risk may be a defense if the plaintiff knew of the danger and voluntarily exposed themselves to it

Product Liability

• Types of product defects
  • Manufacturing defects: Occur when a product departs from its intended design
  • Design defects: Exist when the entire product line is inherently dangerous due to a flawed design
  • Warning defects: Arise when a product lacks adequate warnings or instructions about its proper use
• Elements of a strict product liability claim
  • The product was defective when it left the defendant's control
  • The defect made the product unreasonably dangerous
  • The defect caused the plaintiff's injury
• Who can be held liable?
  • Manufacturers: Companies that produce the product
  • Distributors: Entities that sell the product to retailers
  • Retailers: Businesses that sell the product to consumers
• Examples of product liability cases
  • Defective medical devices: Products that cause harm due to design or manufacturing flaws
  • Faulty automotive parts: Components that fail and lead to accidents
  • Unsafe children's toys: Products with small parts or toxic materials that pose a risk to children
• Defenses to product liability claims
  • Product misuse: The plaintiff used the product in an unforeseeable or improper manner
  • Alteration: The product was modified after it left the defendant's control
  • Assumption of risk: The plaintiff knew of the defect and voluntarily used the product

Animals

• Wild animals
  • Strict liability applies to owners of wild animals for any harm caused by the animal
  • Wild animals are those not typically domesticated and pose inherent risks
  • Examples include lions, tigers, bears, and monkeys
• Domestic animals
  • Strict liability may apply if the owner knew or should have known of the animal's dangerous propensities
  • "One-bite rule": In some jurisdictions, an owner is not liable for the first bite unless they were aware of the animal's dangerous tendencies
  • Examples include dogs with a history of biting or aggression
• Trespassing animals
  • Owners are strictly liable for damages caused by their animals trespassing on another's property
  • Common law imposed strict liability for trespassing livestock
  • Modern statutes may modify or limit this liability
• Defenses
  • Assumption of risk: The plaintiff knowingly encountered the risk posed by the animal
  • Comparative negligence: The plaintiff's negligence contributed to the injury
  • Trespasser: The plaintiff was trespassing on the defendant's property when injured