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Restatement (Second) of Torts § 507.
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1What is strict liability, and when is it imposed?
What is strict liability, and when is it imposed?2What are the three main situations in which strict liability will apply?
What are the three main situations in which strict liability will apply?3What is the test for determining whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity?
What is the test for determining whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity?4For purposes of determining whether strict liability may be imposed for harm caused by an abnormally dangerous activity, will an activity be deemed...
For purposes of determining whether strict liability may be imposed for harm caused by an abnormally dangerous activity, will an activity be deemed unusual for the community simply because only a few people in the community engage in it, and most do not?5Does the eggshell-skull plaintiff rule apply in the context of strict liability for an abnormally dangerous activity?
Does the eggshell-skull plaintiff rule apply in the context of strict liability for an abnormally dangerous activity?6Generally, is the question of whether an activity is abnormally dangerous a matter of law for a judge to decide?
Generally, is the question of whether an activity is abnormally dangerous a matter of law for a judge to decide?7A demolition company was hired to blow up an abandoned building in a jurisdiction that applied strict liability to dynamite-blasting activities. Th...
A demolition company was hired to blow up an abandoned building in a jurisdiction that applied strict liability to dynamite-blasting activities. The company exercised the utmost care in planning and executing the blasting operation. Despite the company’s reasonable care, a dolphin in a scientific research facility some distance from the blasting site feels the vibrations from the blasting. The vibrations caused the dolphin to bash itself against the sides of its tank. As a result, the dolphin was injured and could no longer be used as a research subject. The research facility sued the demolition company, claiming property damage in the form of the dolphin’s injury and impairment.May the demolition company be held strictly liable for this type of injury?8A railroad company regularly shipped and stored explosives. One night, a disgruntled former railroad employee entered the company’s rail yard, inte...
A railroad company regularly shipped and stored explosives. One night, a disgruntled former railroad employee entered the company’s rail yard, intending to steal some of the valuable explosives. The former employee inadvertently detonated one of the explosives, causing harm to an adjacent shop.Assuming that storing and transporting explosives is an abnormally dangerous activity, can the shop’s owner recover from the railroad company without having to demonstrate fault?9A farmer hired an independent contractor to remove a beaver dam from a stream that ran across the farmer’s land. A week earlier, the farmer had tri...
A farmer hired an independent contractor to remove a beaver dam from a stream that ran across the farmer’s land. A week earlier, the farmer had tried and failed to pull the dam apart using a tractor. The contractor told the farmer that he would attempt to pull the dam apart using a tractor, but, if that did not work, he would have to use dynamite to remove the dam. The farmer left town, asking the contractor to complete the job while she was away. After failing with a tractor, the contractor resorted to using dynamite to blast the beaver dam apart. All the windows in a neighbor’s house were shattered by the blasting.Assuming dynamite use is an abnormally dangerous activity, may the neighbor hold the farmer strictly liable for the broken windows?10A photographer learned that an old building was scheduled to be demolished. The photographer traveled to the building site on the day of demolition...
A photographer learned that an old building was scheduled to be demolished. The photographer traveled to the building site on the day of demolition. A police officer stopped the photographer a couple of blocks away from the site. The officer explained that only demolition crew members with proper safety equipment, including hard hats and ear protection, were allowed beyond the yellow police tape. The photographer really wanted to take pictures of the building as it fell down and snuck past the police tape. Soon after, the building was brought down by a series of dynamite explosions, and the photographer captured several good images. However, the photographer also suffered permanent hearing loss from the noise of the explosions.Assuming that demolishing a building is an abnormally dangerous activity, may the photographer hold the demolition company strictly liable for the hearing loss?11If a defendant’s abnormally dangerous activity causes harms to a plaintiff that would not have occurred but for the plaintiff’s abnormally sensitiv...
If a defendant’s abnormally dangerous activity causes harms to a plaintiff that would not have occurred but for the plaintiff’s abnormally sensitive activity, may the defendant be held strictly liable for those harms?12Of the three factors that determine whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity, whi...
Of the three factors that determine whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity, which factor carries the most weight?13May an actor avoid potential strict liability for an abnormally dangerous activity by hiring an independent contractor to conduct the activity?
May an actor avoid potential strict liability for an abnormally dangerous activity by hiring an independent contractor to conduct the activity?14Is the intervention of an unexpected force of nature a defense to strict liability for harm caused by a defendant’s abnormally dangerous activity?
Is the intervention of an unexpected force of nature a defense to strict liability for harm caused by a defendant’s abnormally dangerous activity?15Can strict liability apply if a defendant’s animal harms the plaintiff?
Can strict liability apply if a defendant’s animal harms the plaintiff?16Under the common law, what animals are considered livestock?
Under the common law, what animals are considered livestock?17What is the tort liability for an owner of trespassing livestock?
What is the tort liability for an owner of trespassing livestock?18At common law, is an owner strictly liable for harm caused by livestock that intrudes upon the land of another?
At common law, is an owner strictly liable for harm caused by livestock that intrudes upon the land of another?19Is a livestock owner strictly liable for personal injury caused by livestock, aside from trespassing livestock?
Is a livestock owner strictly liable for personal injury caused by livestock, aside from trespassing livestock?20A rancher exercised the utmost care to contain his cattle. Despite the rancher’s reasonable care, one day, a baby calf escaped and squeezed through...
A rancher exercised the utmost care to contain his cattle. Despite the rancher’s reasonable care, one day, a baby calf escaped and squeezed through a fence into the neighbor’s backyard. The neighbor’s young daughter saw the baby calf, and demanded to have a baby calf of her own. The neighbor felt forced to yield to the daughter’s demands and spent a considerable amount of money to purchase a baby calf.Is the rancher strictly liable for the expense suffered by the neighbor as a result of the baby calf’s escape?21Under the common law, what animals are considered domesticated animals?
Under the common law, what animals are considered domesticated animals?22What must a plaintiff demonstrate to hold the owner of a domesticated animal (e.g., a dog) strictly liable for harm resulting from the animal’s act...
What must a plaintiff demonstrate to hold the owner of a domesticated animal (e.g., a dog) strictly liable for harm resulting from the animal’s actions?23A dog owner lived near the airport. To the owner’s dismay, the dog developed an unusual habit of sneaking onto the airport runway area and chasing ...
A dog owner lived near the airport. To the owner’s dismay, the dog developed an unusual habit of sneaking onto the airport runway area and chasing after the planes’ wheels as they took off. Knowing this, the owner exercised the utmost care to keep the dog contained in the yard. Despite the owner’s reasonable efforts, one day, the dog escaped again and headed to the airport. The dog ran up to a plane taxiing on a runway. The sight of the dog startled the pilot, who swerved to avoid it. The plane slid off the runway, damaging the plane and injuring several passengers.Is the dog owner strictly liable for these harms?24Under the common law, what animals are considered wild animals?
Under the common law, what animals are considered wild animals?25Is the owner of a wild animal strictly liable for any harm caused by the animal?
Is the owner of a wild animal strictly liable for any harm caused by the animal?26A pet chimpanzee escaped its owner’s home, despite the owner’s taking all reasonable precautions to contain the animal. The escaped chimpanzee went...
A pet chimpanzee escaped its owner’s home, despite the owner’s taking all reasonable precautions to contain the animal. The escaped chimpanzee went to a neighbor’s house and played with the gate to the neighbor’s backyard, figuring out how to open and close it. After some time playing with the gate, the chimpanzee moved on to other pursuits, leaving the gate wide open. Later that night, a thief prowling the neighborhood noticed the open gate, entered the neighbor’s backyard, and stole some valuable property.Is the chimpanzee’s owner strictly liable to the neighbor for the value of the stolen property?27May someone who harbors a wild animal without formally owning it be held strictly liable for harm caused by the wild animal?
May someone who harbors a wild animal without formally owning it be held strictly liable for harm caused by the wild animal?28A hotel guest at a resort was lounging peacefully by the pool. The hotel was bordered on one side by undeveloped swamp. A rabid mongoose entered th...
A hotel guest at a resort was lounging peacefully by the pool. The hotel was bordered on one side by undeveloped swamp. A rabid mongoose entered the hotel property from the swamp and bit the hotel guest without warning. As a result, the guest suffered a physical injury and incurred various medical expenses.Can the guest recover for damages against the hotel without having to show fault?29In a contributory-negligence jurisdiction, is ordinary contributory negligence a defense to strict liability?
In a contributory-negligence jurisdiction, is ordinary contributory negligence a defense to strict liability?30Is assumption of the risk a defense to strict liability for an abnormally dangerous activity?
Is assumption of the risk a defense to strict liability for an abnormally dangerous activity?31Can a plaintiff’s demonstration of a heightened degree of fault by knowingly and unreasonably confronting a risk of harm created by an animal or ab...
Can a plaintiff’s demonstration of a heightened degree of fault by knowingly and unreasonably confronting a risk of harm created by an animal or abnormally dangerous activity provide a defense to strict liability?32If an injured plaintiff voluntarily interacted with an animal or engaged in an abnormally dangerous activity in order to gain some benefit, can tha...
If an injured plaintiff voluntarily interacted with an animal or engaged in an abnormally dangerous activity in order to gain some benefit, can that affect the plaintiff’s strict-liability claim?33If a plaintiff is injured by an animal or an abnormally dangerous activity while wilfully trespassing on the defendant’s property, is the defendant...
If a plaintiff is injured by an animal or an abnormally dangerous activity while wilfully trespassing on the defendant’s property, is the defendant’s strictly liable for the plaintiff’s harm?34What are the elements of a products-liability claim?
What are the elements of a products-liability claim?35If a plaintiff is asserting a strict-liability claim, must the plaintiff demonstrate that the defendant’s conduct was a proximate cause of the plai...
If a plaintiff is asserting a strict-liability claim, must the plaintiff demonstrate that the defendant’s conduct was a proximate cause of the plaintiff’s harm?36A firefighter purchased a new alarm clock that had a manufacturing defect. The next morning, due to the defect, the alarm clock failed to go off at...
A firefighter purchased a new alarm clock that had a manufacturing defect. The next morning, due to the defect, the alarm clock failed to go off at the time programmed by the firefighter, causing the firefighter to oversleep. As a result, the town fire station was unstaffed for a short period. During that unstaffed time period, a local shop was damaged by an electrical fire. That fire could have been contained if someone from the fire station had been available to come to the restaurant and fight it.Can the shop owner state a valid claim against the alarm clock’s manufacturer for the fire damage?37What does it mean if a product is defective per se?
What does it mean if a product is defective per se?38What is a manufacturing defect?
What is a manufacturing defect?39In products-liability law, what are the three main categories of actionable product defects?
In products-liability law, what are the three main categories of actionable product defects?40Is the seller of a product strictly liable for injuries caused by defects introduced into the product after it leaves the seller’s hands?
Is the seller of a product strictly liable for injuries caused by defects introduced into the product after it leaves the seller’s hands?41In products-liability law, what is the consumer-expectation test for design defects?
In products-liability law, what is the consumer-expectation test for design defects?42In products-liability law, what is the risk-utility test for design defects?
In products-liability law, what is the risk-utility test for design defects?43In products-liability law, what are the two main doctrinal tests for determining whether a product has a design defect?
In products-liability law, what are the two main doctrinal tests for determining whether a product has a design defect?44Is a manufacturer’s high level of quality control a defense to a products-liability claim for manufacturing flaws or defects?
Is a manufacturer’s high level of quality control a defense to a products-liability claim for manufacturing flaws or defects?45A company sold a device that attached to a vehicle and created the sound and light signal of an emergency siren. Purchasers used the device to spee...
A company sold a device that attached to a vehicle and created the sound and light signal of an emergency siren. Purchasers used the device to speed, intimidate other drivers, and engage in general mayhem. One day, a device purchaser used it to drive at excessive speed, causing a driver to crash into another vehicle. The owner of the smashed vehicle brought a products-liability suit against the company in a jurisdiction that generally uses the risk-utility test to determine the existence of design defects. The owner argued that the device had a defective design. However, no alternative design existed that would render the product safer and still provide its claimed benefits.Must the owner demonstrate the existence of a reasonable alternative design to succeed on the design-defect claim?46The purchaser of a brand-new sports car had driven the car for just a few miles when the driver’s seat unexpectedly collapsed backward, causing the...
The purchaser of a brand-new sports car had driven the car for just a few miles when the driver’s seat unexpectedly collapsed backward, causing the purchaser to lose control of the vehicle and smash into a telephone pole. To succeed on a products-liability claim for the defective seat, must the purchaser prove what caused the seat to malfunction?47If a plaintiff relies on the risk-utility test as a basis for a strict-liability claim, must the plaintiff propose a reasonable alternative to the ...
If a plaintiff relies on the risk-utility test as a basis for a strict-liability claim, must the plaintiff propose a reasonable alternative to the challenged design?48What are the factors a court generally examines to determine whether a plaintiff’s proposed alternative to a challenged design defect is reasonable?
What are the factors a court generally examines to determine whether a plaintiff’s proposed alternative to a challenged design defect is reasonable?49For purposes of products-liability law, is posing a significant risk of harm enough to make a product unreasonably dangerous to the consumer and, t...
For purposes of products-liability law, is posing a significant risk of harm enough to make a product unreasonably dangerous to the consumer and, therefore, defective?50What is an informational defect in the context of products liability?
What is an informational defect in the context of products liability?51Are sellers required to provide warnings for product risks if the risks are open and obvious to a reasonable consumer?
Are sellers required to provide warnings for product risks if the risks are open and obvious to a reasonable consumer?52What constitutes a reasonable product warning or instruction?
What constitutes a reasonable product warning or instruction?53What information must a reasonable product warning contain?
What information must a reasonable product warning contain?54What are the requirements for the presentation of a reasonable product warning or instruction?
What are the requirements for the presentation of a reasonable product warning or instruction?55May a product seller avoid liability for manufacturing defects or design defects in a product if the product is accompanied by reasonable warnings ...
May a product seller avoid liability for manufacturing defects or design defects in a product if the product is accompanied by reasonable warnings and instructions?56What is the learned intermediary rule in products liability?
What is the learned intermediary rule in products liability?57A patient contracted a serious infection after receiving an allergy medication through an intravenous injection. The manufacturer of the medication...
A patient contracted a serious infection after receiving an allergy medication through an intravenous injection. The manufacturer of the medication had warned physicians, but not patients, of the risks of infection from intravenous administration. The patient’s doctor failed to pass this warning on to her. The patient had seen a television advertisement for the drug, but the ad did not mention the risk of infection from intravenous administration. The patient sued the drug’s manufacturer for products-liability, alleging inadequate product warnings.Can the patient state a valid products-liability claim against the drug’s manufacturer for inadequate product warnings?58In products-liability law, what is the heeding presumption?
In products-liability law, what is the heeding presumption?59A man read the instructions to a new snowblower. The instructions warned users not to clear jammed snow from the blower while the engine was runnin...
A man read the instructions to a new snowblower. The instructions warned users not to clear jammed snow from the blower while the engine was running. Nevertheless, the man repeatedly used a stick to loosen jammed snow without turning off the blower engine. One day, the man bent over to do this. As the jam cleared, a rock flew out and struck the man in the eye. In a jurisdiction that accepted the heeding presumption, the man brought a defective-warning claim against the manufacturer of the blower. The man argued that the product instructions failed to warn him that rocks might be flung dangerously by the blower if a user bent over while the blower was operating.If the manufacturer argues that the man read—but failed to follow—the product warning not to clear snow jams while the engine is running, can that argument be a valid rebuttal to the heeding presumption?60What is the theory of strict products liability?
What is the theory of strict products liability?61What are the elements of strict products liability?
What are the elements of strict products liability?62What is a commercial supplier for purposes of strict products liability?
What is a commercial supplier for purposes of strict products liability?63Do the principles of products liability ever apply to the provision of services?
Do the principles of products liability ever apply to the provision of services?64What is a blood shield statute?
What is a blood shield statute?65May a factfinder infer that the plaintiff’s harm was caused by a defect that existed when a product left the defendant’s control without proof of a...
May a factfinder infer that the plaintiff’s harm was caused by a defect that existed when a product left the defendant’s control without proof of a specific defect?66Are the defenses to strict products liability the same defenses that apply to strict liability in other contexts?
Are the defenses to strict products liability the same defenses that apply to strict liability in other contexts?67A man bought a lawn mower with a kill switch that deactivated the engine whenever the operator let go of a squeeze bar on the mower handle. The man...
A man bought a lawn mower with a kill switch that deactivated the engine whenever the operator let go of a squeeze bar on the mower handle. The manufacturer had added this safety feature after users suffered hand injuries from trying to remove blockages in the blades without shutting down the engine. The man overrode the kill switch by clamping the squeeze bar in place, enabling him to clear blockages in the blades without having the engine automatically shut down. One day, the man reached in to remove a clump of grass blocking the blades. As soon as the clump was cleared, the blades began spinning and injured the man’s hand. The man brought a products-liability suit against the manufacturer in a jurisdiction that applied comparative fault.In this products-liability suit, is the man potentially responsible for all or some of his own harm?68In general, may a consumer injured by a defective product recover against any party in the chain of distribution?
In general, may a consumer injured by a defective product recover against any party in the chain of distribution?69If an intermediate seller in a chain of distribution pays damages to a plaintiff arising from a strict-products-liability claim, does the intermedi...
If an intermediate seller in a chain of distribution pays damages to a plaintiff arising from a strict-products-liability claim, does the intermediate seller have a cause of action for complete indemnity from the manufacturer?70If a plaintiff cannot satisfy the requirements for strict products liability, may the plaintiff still recover in products liability under a neglige...
If a plaintiff cannot satisfy the requirements for strict products liability, may the plaintiff still recover in products liability under a negligence theory?71What must a plaintiff prove in order to hold a manufacturer liable under a theory of negligence in products liability?
What must a plaintiff prove in order to hold a manufacturer liable under a theory of negligence in products liability?72May a plaintiff rely on res ipsa loquitur to prove a manufacturer’s negligence?
May a plaintiff rely on res ipsa loquitur to prove a manufacturer’s negligence?73What must a plaintiff prove in a negligence claim against a manufacturer for a design defect or informational defect?
What must a plaintiff prove in a negligence claim against a manufacturer for a design defect or informational defect?74Will an intermediate seller of a defective product be held liable in products liability on negligence grounds?
Will an intermediate seller of a defective product be held liable in products liability on negligence grounds?75Does the fact that an intermediate seller negligently sold a product absolve the initial manufacturer of liability under proximate-cause principles?
Does the fact that an intermediate seller negligently sold a product absolve the initial manufacturer of liability under proximate-cause principles?76Is a plaintiff’s unforeseeable misuse of a product a superseding cause that could relieve a defendant manufacturer of liability?
Is a plaintiff’s unforeseeable misuse of a product a superseding cause that could relieve a defendant manufacturer of liability?77Are the defenses to negligence in products-liability actions the same as in any other negligence case?
Are the defenses to negligence in products-liability actions the same as in any other negligence case?78Historically, what limitation did the privity rule put on a plaintiff’s ability to bring a claim for a harm caused by a product?
Historically, what limitation did the privity rule put on a plaintiff’s ability to bring a claim for a harm caused by a product?79What are the main tort-based theories of products liability?
What are the main tort-based theories of products liability?80What types of damages may a plaintiff recover under one of the tort-based theories of products liability?
What types of damages may a plaintiff recover under one of the tort-based theories of products liability?81What types of damages may a plaintiff recover under one of the contract-based theories of products liability?
What types of damages may a plaintiff recover under one of the contract-based theories of products liability?82Generally, if a defect in a consumer product causes damage to the product itself but no other harm, may the consumer seek recovery for the economic...
Generally, if a defect in a consumer product causes damage to the product itself but no other harm, may the consumer seek recovery for the economic loss of the product under a tort-based products-liability claim?83A consumer purchased a new toaster. The first time the consumer used the toaster, it erupted in sparks and smoke due to faulty wiring. Luckily, the...
A consumer purchased a new toaster. The first time the consumer used the toaster, it erupted in sparks and smoke due to faulty wiring. Luckily, the consumer was not hurt, and no other property was damaged. However, the toaster was destroyed. The consumer brought a tort-based products-liability claim against the seller of the defective toaster.Can the consumer recover any damages under a tort-based products-liability claim?84What is the name of the implied warranty that requires a seller to guarantee that its products are free of defects and meet general standards of ac...
What is the name of the implied warranty that requires a seller to guarantee that its products are free of defects and meet general standards of acceptability?85What are the four elements for strict products liability?
What are the four elements for strict products liability?86To prove a design defect using the risk-utility test, the plaintiff must present a reasonable alternative design that meets what four criteria?
To prove a design defect using the risk-utility test, the plaintiff must present a reasonable alternative design that meets what four criteria?87A court may permit an inference that a manufacturing defect existed at the point of sale if:(1) the ________ typically occurs only because of a ___...
A court may permit an inference that a manufacturing defect existed at the point of sale if:(1) the ________ typically occurs only because of a ________ and (2) the injury was not caused solely by ________ other than a defect existing at the ________.88In the products-liability context, what is the difference between a manufacturing defect and a design defect?
In the products-liability context, what is the difference between a manufacturing defect and a design defect?89In a products-liability action based on a negligence theory, the victim must prove that:(1) the manufacturer owed a ________ to avoid putting _____...
In a products-liability action based on a negligence theory, the victim must prove that:(1) the manufacturer owed a ________ to avoid putting ________ products into the marketplace,(2) the product was defective when it ________, and(3) the manufacturer’s failure to use ________ in discovering or correcting the defect ________ and ________ caused the harm.