Topic
Strict Liability
146 published works
TortsProf Blog
Shavell on Expanding Strict Liability for Abnormally Dangerous Activities
Steven Shavell has posted to SSRN The Mistaken Restriction of Strict Liability to Uncommon Activities. The abstract provides:Courts generally insist that two criteria be met before imposing strict liability. The…
Gender and the Law Prof Blog
After MeToo, Using the Law of Agency for Strict Liability for Employers for Sexual Harassment
By Tracy Thomas
David Oppenheimer, Twenty Years After Faragher and Ellerth, Is It Time to Revisit Strict Liability for On-the-Job Sexual Harassment?In 1995, I published the attached article in the Cornell Law Review, arguing…
Drug & Device Law
The Strange Case Of Griffith v. Blatt
By Bexis
We’ve seen Griffith v. Blatt, 51 P.3d 1256 (Or. 2002), cited – and not just by plaintiffs – for broad propositions, like Oregon abolished the learned intermediary rule in strict…
Agricultural Law and Taxation Blog
When Does a Rule of Strict Liability Apply on the Farm?
OverviewMost liability events that occur on a farm or ranch are judged under a standard of negligence. However, some are deemed to be so dangerous that a showing of negligence…
Drug & Device Law
Federal Court Reconfirms No Strict Liability for Prescription Drugs in Pennsylvania
This should not be controversial. It has been settled since Hahn v. Richter, 673 A.2d 888 (Pa. 1996) that in Pennsylvania prescription drugs are exempt from strict liability. And since…
Drug & Device Law
Federal Court Certifies Question to Utah Supreme Court of Whether Comment K Applies to Medical Devices
Strict liability is not the same as absolute liability. We learned that truth in law school, but too many plaintiff lawyers and judges seem to have unlearned it along the…
From the Ground Up
Court of Appeals Holds That “Call Before You Dig” Creates Strict Liability
By Brian Esler
As we’ve reported before, Washington strengthened its “Call Before You Dig” laws about five years ago to create a much stricter regime, with significant penalties for property owners, utility providers, and…
Drug & Device Law
Eastern District of Wisconsin Grants Summary Judgment on Hip Component Manufacturer’s Negligence Claims But Denies Summary Judgment on Strict Liability Claims.
Last week, like most weeks during the past year, we spent a lot of our time on airplanes. One of those trips fell on a day with “lots of weather.” …
The Daily Intake
Petition to Supreme Court Denied for DeCosters (Strict Criminal Liability)
The U.S. Supreme Court declined to review the case of two executives from Quality Egg who were sentenced to prison under the Park Doctrine, also known as the Responsible Corporate…
Food Safety News
Trump’s acting solicitor opposes high court review for DeCoster
By Dan Flynn
The Acting Solicitor General of the United States has filed “the brief of respondent United States in opposition” to any further Supreme Court review of terms of imprisonment for two…