LSB 3213 1st Edition Lecture 26 Today Finish chapter 7 torts Strict Liability Categories Abnormally dangerous ultra hazardous activity Wild animals o Domesticated animals one bite rule Product liability for defective products Product Liability Categories Manufacturing defects deviate from the intended design o Example Coke glass bottle one bottle has a weak spot and causes the bottle to break Design defects alternative design must be economically feasible o Example Ford Pinto had a gas tank line that ran across the back of the car which was very dangerous if the vehicle was in a collision from behind Inadequate warnings only have to warn of non obvious risks o Example car seats if the handle of the car seat is not all the way up or all the way down behind the child s head and is instead in the middle if in an accident the child could be harmed more non obvious risk that must be warned about Product Liability Legal Analysis 3 elements to prove strict product liability Only if engaged in the business of selling or producing the product The product was dangerous or defective when it was sold The defect caused the harm or injury Snowboard example You buy a snowboard take it up to the slopes and the board snaps and cuts your legs Your board is the only one that had a defect due to a missing part Can you sue the snowboard manufacturer for strict liability These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o YES the manufacturer was responsible for producing the product it was defective when sold and the defect in the board caused your injuries What if the manufacturer is difficult to sue because it is in another country bankrupt etc can you sue the sporting goods store that you bought the snowboard from o YES the store is in the business of selling the product What if you bought the snowboard from someone on Craigslist what can you sue them for o Not for strict liability as they are most likely not in the business of selling or manufacturing the snowboard but because the tort standard of judgment is a hierarchy you can sue for a higher level judgment negligence reckless etc All examples of whether or not the other party was in the business of making or selling the snowboard Ford Bronco II Example If there was defective glove box where the button sticks or is broken you can t sue for liability as the defect is not dangerous Real defect with the vehicle was a narrow wheel base which made it easier for vehicles to roll So strict liability applies and you could sue the manufacturer or the dealer for liability What if you caught off the top of the vehicle so that you can go bird hunting and then it starts hailing and you are injured you can t sue because the defective wheel base did not cause your injuries o But if you then roll your car and you have more serious injuries because you cut the roof off then you can sue for strict liability as the narrow wheel base caused the vehicle to roll Some states would also apply comparative fault negligence as part of the injuries are due to you cutting the top off of the vehicle Defective Brakes Example Sometimes when you push the brake pedal the car fails to stop as the brakes fail to engage You could sue if the brakes stopped working and you hit a wall If instead a car cuts in front of you and your brakes work but you can t stop in time and still crash you can t sue the car manufacturer for strict liability as the brakes did not cause any harm Product Liability Defenses Four defenses against strict product liability Fail to prove the three elements as previously discussed The danger is commonly known example a knife is sharp Plaintiff s modifications contributed to the injury Plaintiff s misuse contributed to the injury Modifications Defense Baby car seat if the parents attached glass toys to the handle that is partway up and in an accident the glass breaks and causes the child harm Bronco II you would be responsible for damages caused by hail after you cut off the top of the vehicle Engine attached to bicycle or skateboard if you attached an engine to a bike or skateboard and the bike handlebars were defective which caused an injury or if you the handlebars broke because the bike was going faster than it was meant to due to the engine Misuse Defense Foreseeable use strict liability No strict liability for unforeseeable use if is anyway foreseeable that a product would be used in a certain way not liable Golf cart if you use it as an off road vehicle and it catches fire it is not considered misuse as you were still driving the golf cart on the ground assuming that the golf cart had some sort of defect o If you instead used the back of a golf cart to bbq and it catches fire that is not foreseeable it is misuse Tear resistant clothing a company makes tear resistant clothing if the clothing is used for anything other than clothing it is considered misuse Schedule D2L study guide and optional EC assignment posted No class on Tuesday April 28 Last class on Thursday April 30 o Optional extra credit assignment due in class o Discuss criminal law EC material on final exam o Clicker review for final exam Please bring clickers Final exam on Thursday May 7 at 10 00