Chapter 21

Strict Liability

-Defendant is liable to the plaintiff regardless of fault

-Ultrahazardous activities

-Storing/transporting dangerous substances

-Owning dangerous animal

-To prove strict liability, must only prove causation and damages

-Must also convince court the activity is dangerous

Dangerous Activities

-“Unreasonable dangerous”

-There is a risk of harm even after reasonable care

Animals

-Household pets

-Owner is strictly liable when s/he knows (or should have known) the

pet was dangerous

-Leash laws

-Remember, if you violate the law, automatically negligent

Defective Products

-Product liability

-Legal responsibility of manufacturers for injuries caused by defective

products

-Consumer Product Safety Commission

-Federal agency dealing with this topic

-Can force dangerous products off the market

Defenses to Strict Liability

- Defendants try to force plaintiff to show negligence, not strict liability

when there is no clear proof of ultrahazardous activities