BUSA2106 Lecture 19 Outline of Last Lecture I II Intentional torts against the person Negligence Outline of Current Lecture III IV Strict Liability Product Liability Current Lecture Intentional Torts against Property Trespass to land Trespass to personal property Conversion Disparagement of property Trespass to Land Intentional interference with a property right without the consent of the owner Defenses Warranted License Trespass to Personal Property Intentional interference with owner s enjoyment or use of personal property that Deprives the owner of use of the property or Results in actual damage Conversion Unlawful taking or retention of personal property that deprives the owner of use Civil equivalent of thef Defense Necessity Not good intentions Disparagement of Property Defamation about a product or property Slander of quality Questions the quality of a product Slander of title Questions the legal ownership of property Is this disparagement Picketer outside of grocery store with sign that says Tyson chicken will make you sick Intentional Negligent Torts Negligence Unintentional or accidental conduct Negligence is a huge category unlike intentional torts which are more narrowly defined Negligence Elements Defendant owed plaintiff a duty of care Defendant breached that duty Plaintiff suffered an injury Defendant s breach caused the injury Causation in fact Proximate cause Duty of Care The care that a reasonable and prudent person would use in the same or similar circumstances Objective standard how people should act Duty of utmost care for Professionals e g doctors and lawyers Common carriers Innkeepers Two Types of Causation Causation in fact Defendant s negligent act is the actual cause of the plaintiff s injuries But for cause BUT this could be limitless Proximate cause Connection between act and injury is strong enough that it is fair to impose tort liability Foreseeability Causation in Fact Roadside ditch House explodes Illustrated by DirecTV How to judge proximate cause o Was the harm foreseeable from the act Palsgraf v Long Island RR 1928 Helen Palsgraf waiting for a train At other end of platform man carrying small newspaper wrapped package runs to catch a train RR guard on the train pulls him in guard on the platform pushes him in Man drops package which contained fireworks explodes Scales fall down and injure Helen Is the RR liable for negligence through the actions of the guards Negligence Defenses Assumption of risk Knowledge of the risk Voluntary assumption of the risk Break in the chain of causation Contributory and comparative negligence Comparative negligence exists in most states comparison Strict Liability Liability without fault Plaintiff does not have to prove intent or negligence only prove causation Imposed in these circumstances Abnormally dangerous activities Blasting Crop dusting Fumigating with poisonous gas Harm inflicted by wild animals Certain types of product liability Rationale What is the rationale for imposing strict liability Who CAN and SHOULD bear the responsibility Who is benefitting from the activity Product Liability Negligence Misrepresentation Strict product liability Strict Product Liability o Strict liability is imposed when Product is in defective condition when the defendant sells it Defendant is normally in the business of selling that product Product is unreasonably dangerous Plaintiff suffers physical harm to self or property Defective condition is proximate cause of injury Product was not substantially changed since time of purchase Strict Liability Types of product defect Defective manufacture Defective design Includes Packaging Warnings Defective Manufacture Types of defective manufacture claim Failure to properly assemble a product Failure to properly test a product Failure to adequately check product quality Defective Manufacture Kevin purchased an 8 foot stepladder While Kevin was standing on the ladder it collapsed causing him severe injuries Pre cut holes in the rear rail and backing plate weren t aligned preventing proper assembly and causing the rear legs to fail What sort of argument would you make as Kevin s attorney What if Kevin had drilled his own holes in the rear rail and backing plate Defective Design Types of defective design Product design Packaging design Warning design failure to warn Does the product design rather than its manufacture create an unreasonable risk Is there a more reasonable alternative design available Does the failure to use the alternative design render the product not reasonably safe Defective Design Jean Luc lef his rotary lawn mower running while he went around it to remove a cardboard box on the grass He slipped on the wet grass and his hand entered the unguarded hole of the rotary motor severely mangling his hand Is the manufacturer liable under a strict liability theory of defective design Why or why not Defective Packaging Extra Strength Tylenol manufactured by Johnson Johnson was tainted with lethal doses of potassium cyanide Resulted in multiple deaths Tampered with afer it lef the manufacturer s control Is the manufacturer liable under a strict liability theory of defective packaging Why or why not Tylenol was sold In a box with the end flaps glued shut With a shrink seal around the neck and cap of the container With a foil seal glued to the mouth of the container Defective Warning Manufacturers and sellers can be strictly liable for inadequate warnings if A foreseeable risk of harm might be reduced or prevented by reasonable instructions or warnings Factors What is the content of the warning How comprehensive is it How intense is the expression of warning What are the characteristics of expected user groups Defective Warning Aqua Net hair spray and propellant are extremely flammable Aerosol cans of Aqua Net carry a warning in small print on the back Do Not Puncture and Do Not Use Near Fire or Flame Warnings on Aqua Net cans sold in Canada were stronger more visible and located on the top of the can