Please enable JavaScript.
Coggle requires JavaScript to display documents.
Torts (Intentional Torts: torts coming from intentional actions require - …
Torts
-
Strict Liability: Defendant is liable for injuring a plaintiff whether or not the defendant exercised due care. For these activities, the policy of the law is to impose liability regardless of how carefully the defendant conducted himself. Be sure to consider whether a statute imparts strict liability. All of the following but defenses are common law bases for strict liability
Abnormally dangerous activity: must create a foreseeable risk of serious harm even with the exercise of reasonable care, and must be an activity that is not a matter of common usage.
Defective products
-
Changes: product must reach the user without substantial change in the condition in which it was supplied
Reasonable alternative design must exist at the time of the original design. Later improvements, so-called "state of the art," do not constitute a reasonable alternative design
-
-
-
-
Damages: compensatory and punitive damages available. Most states deny recovery under strict liability when the sole claim is for economic loss.
Defect
Design defect: Plaintiff must show a reasonable alternative design that is a less dangerous modification or alteration and was economically feasile
Warning defect: while adequate warnings insulate a defendant, inadequate warnings result in liability
Manufacturing defect: product was dangerous beyond the expectation of the ordinary consumer because of a departure from its intended design. Food products treated same way - consumer expectations standard
-
Intentional conduct, negligence, and breach of warranty claims can also be brought.
Liability for animals: Can be differentiated between wild and domesticated. Wild animals will almost always result in strict liability. The owner is strictly liable for damages when the animal trespasses if is reasonably foreseeable. For domesticated animals, strict liability usually arises by statute.
-
-
-
-
Negligence
-
Elements
-
Causation
-
-
If there is an uninterrupted chain of events between act and injury, then it is a direct cause case. An indirect cause case is one where a force came into motion after the defendant's act and combined with the negligent act to cause the P's injury.
-
-
-
-
-