Saturday, December 24, 2011

MBE Fast Fact: Strict Products Liability

The most common area of strict liability tested on the MBE is strict products liability. You should, however, be prepared for other areas, such as strict liability for the damages caused by wild animals. The general rule is that an owner of a wild animal is strictly liable to invitees and licensees (but not trespassers) for the injuries caused by the wild animals. You'll want to ensure that the injured person did nothing to bring about the injury. If he did, you should consider assumption of risk, which is generally a valid defense to an action in strict liability. In contrast, an owner is not strictly liable for injuries caused by domesticated animals, unless that owner had knowledge of that particular animal's dangerous propensities that are not common to that particular species. (This is sometimes stated with the maxim that "every dog is entitled to one bite.")

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