Welcome to Torts A survey of the law of torts. This course deals with liability for personal injuries and injuries to property. Considerable attention is paid to the law of negligence.
|What is Strict Liability||Intentional Torts - Malice Intentional torts are different from negligence claimsin that intentional torts are the infliction of injury or damage to property that was carried out with malice, willfulness or reckless disregard for the other person's rights.|
Share on Facebook In a nutshell, strict product liability is a legal rule that says a seller, distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened.
While simple in theory, the exceptions to the strict product liability rule can be somewhat complicated at times. This article discusses the rule and its exceptions in detail. For a defendant to be liable, he or she must generally have behaved in a manner that falls below the conduct expected of the average, reasonable person.
This was happening because it was too difficult to prove that the manufacturer behaved below a certain standard, or that nothing else caused the defect. Courts and state legislatures recognized that it was bad public policy to make innocent plaintiffs suffer the loss when products were defectiveso strict products liability rules were enacted as law.
There are a number of ways a case can fail, or be successfully defended: Types of Product Defects There are essentially three types of defects, manufacturing defects, design defects, and inadequate warnings.
A manufacturing defect is the kind of defect that is limited to the particular product sold to the plaintiff, i. A design defect is something inherent in the design of the entire product line that makes every product sold unreasonably dangerous for the intended use.
Manufacturers, distributors and retailers can all be sued for strict liability. However, because strict liability does not take into account the standard of behavior of those involved in selling consumer products, distributors and retailers can also be sued for strict liability.
That means even though a distributor might simply receive a product from a manufacturer and pass it on to a retailer without a chance for inspection, and the retailer sell it to a consumer without any alteration in the product, a plaintiff consumer can still sue both.
The policy behind this rule is that consumers should not be injured without compensation simply because they cannot prove who in the distribution chain was responsible for the product defect. Once a plaintiff has sued a manufacturer, distributor or retailer, it is up to the defendant to prove who in the chain was actually responsible and recover what they were required to pay to the plaintiff.Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you've owned the product for a while.
That is, you may not be able to claim strict liability if you knew about the defect but continued to . Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).
A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person.
In civil law, torts are grounds for lawsuits to compensate a grieving party for any. strict product liability: rules • Strict Liability: A manufacturer, seller, or lessor of goods will be strictly liable, regardless of intent or the exercise of reasonable care, for any personal injury or property damage to consumers, users, and by-standers caused by the goods it manufactures, sells, or leases as long as.
Section A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. Under this section, a manufacturer is liable for product defects that occur during the manufacturing process, notwithstanding the level of care employed by the manufacturer.
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant..
In the field of torts, prominent examples of strict liability include product liability, abnormally dangerous activities .