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Strict Liability

146 published works

  1. 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…

  2. Napoli Shkolnik Blog

    Toxic Exposure is Complicated

    By Napoli Shkolnik

    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…

  3. 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…

  4. 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…

  5. 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?

    By Mihai Vrasmasu

    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…

  6. TortsProf Blog

    Lindenfeld & Tran on Strict Liability for 3D-Printed Medical Devices

    By Christopher Robinette

    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…

  7. TortsProf Blog

    WA: No Gender-Based Strict Liability for Ram

    By Christopher Robinette

    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…

  8. New York Attorney Malpractice Blog

    Strict Liability? Strictly Out of Luck in a Legal Malpractice Case

    By Andrew Lavoott Bluestone

    "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,…

  9. Animal Law Update

    Berserk Male Syndrome – Viable Claim for Negligence?

    By Nancy E. Halpern, D.V.M.

    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…

  10. 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…