Strict Liability and Tort Reform

Strict liability requires the blame be put on the people conducting the unreasonably hazardous activity Even harm that cannot be eliminated is required to be placed under strict liability Idea is that the company must assume risk even when all proper care has been established Disclaimers and waivers of liability for products are often invalidated by courts as against public policy Strict liability requires the blame be put on the people conducting the unreasonably hazardous activity Even harm that cannot be eliminated is required to be placed under strict liability Idea is that the company must assume risk even when all proper care has been established Disclaimers and waivers of liability for products are often invalidated by courts as against public policy

The concept of strict liability is also found in criminal law, though to a lesser extent. Strict liability often applies to vehicular traffic offenses. In a speeding case, for example, whether the defendant knew he or she was exceeding the posted speed limit is irrelevant. The prosecutor would need only prove that the defendant was indeed operating the vehicle in excess of the speed limit. The concept of strict liability is also found in criminal law, though to a lesser extent. Strict liability often applies to vehicular traffic offenses. In a speeding case, for example, whether the defendant knew he or she was exceeding the posted speed limit is irrelevant. The prosecutor would need only prove that the defendant was indeed operating the vehicle in excess of the speed limit.

Lets look at problem 21.1 Based on strict liability which can be claimed: 1 – yes 2 – no 3 – yes 4 - no Lets look at problem 21.1 Based on strict liability which can be claimed: 1 – yes 2 – no 3 – yes 4 - no

If you have a successful case, you are entitled to compensatory damages, which includes your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product.

If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages

Finally, if the conduct of the defendant was "egregious" (so awful that the courts want to deter the defendant and others from ever doing anything like that again), you may be entitled to punitive damages

Animals: owners are liable if they know the dog is dangerous Products: defective products causing injuries US Consumer Product Safety Commission in 1972 Strong incentive to create safe products but can result in higher prices for consumers Animals: owners are liable if they know the dog is dangerous Products: defective products causing injuries US Consumer Product Safety Commission in 1972 Strong incentive to create safe products but can result in higher prices for consumers

Drug manufactures – negligence for untested and unpublished results There are few defenses to it because the idea of: –proving negligence –No causation –No damages –Product misuse Drug manufactures – negligence for untested and unpublished results There are few defenses to it because the idea of: –proving negligence –No causation –No damages –Product misuse

Reforms: rewards are high, expensive going to court, length of time, complicated to determine fault One main one is the idea of medical malpractice – size of rewards and coinciding medical costs Recourse – people with legitimate claims may not be able to get awards they deserve Reforms: rewards are high, expensive going to court, length of time, complicated to determine fault One main one is the idea of medical malpractice – size of rewards and coinciding medical costs Recourse – people with legitimate claims may not be able to get awards they deserve

Review tomorrow – Test Friday (Chapter 18-21) – Tort, Strict Liability and Tort Reform