Chapter 7 Torts October 13th 2014 7 3 Strict Liability Learning Objectives Explore what strict liability is and when it applies Understand how a product may be unreasonably dangerous triggering strict liability Learn about how a product s warnings and labels are a part of a product s safe design Examine defenses available to strict product liability Strict Liability Requires neither intent nor carelessness o Since it can have harsh consequences it applies in few limited circumstances o Ultrahazardous Activity Activity so inherently dangerous that those who undertake the activity and cause injuries are strictly liable Dram Shop Acts State laws establishing strict liability for taverns bars and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others Strict liability torts exist because businesses that engage in covered activities profit from those activities Strict Product Liability Manufacturers distributors and retailers are strictly liable for injuries caused by unreasonably dangerous products Theories available to plaintiffs to demonstrate that a product is unreasonably dangerous o Claim that the product was defective because of a flaw in the manufacturing process o Defective product because of a design defect Product liability cases arise from the defective design theory because courts have held that the warning labels on products and accompanying literature are all part of a product s design Defenses to strict product liability o Assumption of risk o Product Misuse o Danger Doctrine
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