Topic
Strict Liability
146 published works
Products Liability Law Legal Research Blog
PRODUCTS LIABILITY: Manufacturer Not Strictly Liable for Sale of Product Containing Defective Components
By jtaylornlrg-com-jeremy-y-taylor
Jeremy Taylor, Senior Attorney, National Legal Research Group New York's highest court recently addressed the issue of whether an automobile manufacturer could be held strictly liable for a mechanic's…
Napoli Shkolnik Blog
Toxic Exposure is Complicated
Almost all personal injury actions involve the legal concept of negligence or strict liability. While there are exceptions and every case is fact specific, broadly speaking, negligence requires that the…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 5 – Strict Liability
By Barry Zalma
Strict Liability To establish a cause of action for strict liability in tort, the subrogating insurer must, with evidence gathered by the adjuster, prove the following: • that there is…
Products Liability Law Legal Research Blog
PRODUCTS LIABILITY: Strict Liability—Definition of "Product User" Expanded
By jtaylornlrg-com-jeremy-y-taylor
The Lawletter Vol 41 No 1 Jeremy Taylor, Senior Attorney, National Legal Research Group The Supreme Court of South Carolina recently addressed the issue of who is a product…
Clinical Robotics Law Journal
Following Aubin v. Union Carbide, Will Complex Medical Device Manufacturers Face an Uphill Battle in Defending Against Strict Liability Design Defect Claims in Florida?
In Florida, there are two tests that a jury may apply in determining whether a product is defectively designed under a strict liability theory: the “consumer expectation test” and the “risk-utility…
TortsProf Blog
Lindenfeld & Tran on Strict Liability for 3D-Printed Medical Devices
Eric Lindenfeld & Jasper Tran have posted to SSRN Strict Liability and 3D-Printed Medical Devices. The abstract provides:Despite the strong promise that 3D printing holds for the future healthcare, there…
TortsProf Blog
WA: No Gender-Based Strict Liability for Ram
From Roger McEowen (Iowa State Center for Agricultural Law and Taxation): The parties are friends and neighbors and are both farmers. The plaintiff has raised various types of livestock, but the…
New York Attorney Malpractice Blog
Strict Liability? Strictly Out of Luck in a Legal Malpractice Case
"Strict liability" renders a defendant legally responsible for damage and losses regardless of culpability or intent, fault or negligence. In Tang v Marks 2015 NY Slip Op 08110 Decided on November 12,…
Animal Law Update
Berserk Male Syndrome – Viable Claim for Negligence?
A ram that had been “raised on a bottle after [its] mother died” repeatedly charged and rammed a farmer, Mr. Jay H. Rhodes, who “suffered a concussion, five broken ribs and…
Food Safety News
Letter From the Editor: Can Strict Liability Crime Mean Jail Time?
By Dan Flynn
Here are a couple of legal concepts to get your head around before we continue: The Park Doctrine: Also known as the “Responsible Corporate Officer (RCO) Doctrine," it allows a corporate…