Strict Liability Chapter 21
Strict Liability • Describe the action that took place in the video clip. Demo Gone Wrong Now, look at this video. How are these demolitions different from the first ones? SHORTER VIDEO Aug 2013http://www.youtube.com/watch?v=9O0ikDZOtJ8
Strict Liability Defined • Learning Outcomes – SWBAT…pg 264 • Define the term Strict Liability • Explain how and why strict liability differs from negligence • Strict Liability (Liability Without Fault) • One exception to the requirement of fault in tort law • In some situations defendant liable to plaintiff regardless of fault • Defendant may be at fault even if acted reasonably and took all necessary precautions • Applied to ultrahazardous activities, dangerous animals, mfg & sale of defective products What activities do you think might be considered ULTRAHAZARDOUS?
STRICT LIABILITY VS NEGLIGENCE REVIEW What are the elements necessary to prove a negligence tort? PLUS Plaintiff must convince the court that the activity causing the harm is the type of activity to which strict liability should be applied. (duty, breach of duty, causation, damages) STRICT LIABILITY If no fault is required in Strict Liability, what elements do you think are necessary to find the Plaintiff liable? Causation and Damages
Public Policy and Common Sense Require Those Who Conduct Dangerous Activities to Accept Responsibility • Learning Outcomes SWBAT…pg 265-266 • list some of the dangerous activities for which strict liability applies • Explain why applying the standard of strict liability to certain activities creates an incentive for careful and safe practices. FORESEEABLE HARM DEFINE “DANGEROUS ACTIVITY” If you ran a business that posed a strict liability risk, what might you do to protect yourself? ACTIVITIES THAT INVOLVE A RISK OF HARM THAT CANNOT BE ELIMINATED EVEN BY REASONABLE CARE Think * Pair * Share – Problem 21.1 page 265
Product Liability Legal responsibility of Manufacturers for injuries caused by defective products Manufacturers are often held to a strict liability standard for product liability. WHY? How does this benefit the consumer? Is there potentially a down side to holding manufactures to this standard?