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Tort Law Chapter 4 Strict 
Liability Strict liability is a 

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legal doctrine that holds 
individuals or entities liable 

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for certain actions or 
activities that cause harm, 

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regardless of fault or intent. 
In strict liability cases, the 

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plaintiff does not need to prove
negligence or wrongful intent, 

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only that the defendant's 
actions or the inherent danger 

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of the activity cause the harm. 
This chapter explores 3 main 

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areas where strict liability is 
commonly applied. 

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Abnormally dangerous activities,
Product liability and liability 

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for animals. 
Abnormally Dangerous Activities 

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Definition Abnormally dangerous 
activities are activities that 

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carry a high risk of serious 
harm, even when reasonable care 

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is exercised. 
Due to the inherent danger 

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involved, individuals or 
entities engaging in these 

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activities are held strictly 
liable for any resulting harm. 

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Abnormally dangerous activities 
are those that pose significant 

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risks to people or property, 
regardless of the precautions 

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taken. 
The rationale behind strict 

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liability in such cases is that 
the potential for harm is so 

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great that those who engage in 
these activities should bear the

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burden of any resulting damage. 
This legal principle ensures 

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that those benefiting from the 
activity are responsible for any

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adverse outcomes. 
Promoting safety and 

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accountability Criteria for 
abnormally dangerous activities 

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Courts generally consider 
several factors to determine 

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whether an activity is 
abnormally dangerous. 

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These criteria help ensure that 
strict liability is applied 

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appropriately and consistently. 
High risk of harm Definition. 

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The activity must pose a 
significant risk of serious harm

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to people or property. 
This risk must be inherent in 

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the activity itself, not 
dependent on the specific 

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circumstances or execution. 
Application. 

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Courts assess the potential for 
serious injury or damage, 

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considering both the likelihood 
and the severity of possible 

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harm. 
Example, blasting with 

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explosives poses a high risk of 
harm due to the potential for 

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flying debris and structural 
damage. 

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Inability to eliminate risk 
definition The risk cannot be 

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mitigated through the exercise 
of reasonable care. 

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Even with the utmost 
precautions, the activity 

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remains hazardous. 
Application. 

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This factor acknowledges that 
some activities are inherently 

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dangerous regardless of the 
measures taken to ensure safety.

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Example. 
Handling highly volatile 

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chemicals is dangerous even with
strict safety protocols. 

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Uncommon usage Definition. 
The activity is not commonly 

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performed in the community. 
It is unusual or atypical for 

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the area in which it is 
conducted. 

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Application The rarity of the 
activity suggests that it poses 

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unique risks that are not 
commonly accepted by the 

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community. 
Example Operating a chemical 

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plant in a residential 
neighborhood is uncommon and 

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poses significant risks. 
Inappropriateness of Location 

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Definition The activity is 
inappropriate for the location 

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where it is conducted. 
The suitability of the location 

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is considered in light of the 
potential risks. 

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Application. 
Courts evaluate whether the 

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activity is suitable for the 
area, considering factors such 

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as population density and 
proximity to vulnerable sites. 

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Example. 
Storing large quantities of 

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explosives in a densely 
populated urban area is 

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inappropriate due to the high 
risk of catastrophic damage. 

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Community value Definition The 
activities value to the 

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community is outweighed by its 
dangerous attributes. 

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The potential benefits of the 
activity do not justify the 

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associated risks. 
Application This factor balances

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the societal benefits of the 
activity against the potential 

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for harm, considering whether 
the activity serves an essential

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public need. 
Example Using pesticides that 

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pose significant environmental 
and health risks may be deemed 

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abnormally dangerous if safer 
alternatives are available. 

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Examples of abnormally dangerous
activities. 

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Understanding what constitutes 
abnormally dangerous activities 

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can be illustrated through 
specific examples. 

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These examples demonstrate the 
application of the criteria and 

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the rationale for imposing 
strict liability. 1 Blasting and

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demolition Description The use 
of explosives for construction 

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or demolition projects involve 
significant risks due to the 

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potential for uncontrolled 
explosions, flying debris, and 

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structural damage criteria. 
High risk of harm The potential 

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for injury or property damage is
substantial. 

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Inability to eliminate risk Even
with careful planning and 

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execution, the risks cannot be 
entirely mitigated. 

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Uncommon usage. 
Blasting is not a common 

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activity in most communities. 
Inappropriateness of location. 

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Conducting blasting near 
residential areas is often 

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inappropriate. 
Community value. 

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The benefits of blasting may be 
outweighed by the risks, 

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particularly in populated areas.
Two Transporting hazardous 

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materials. 
Description. 

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Transporting chemicals, 
radioactive materials, or other 

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hazardous substances poses 
significant risks due to the 

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potential for spills, leaks, and
contamination criteria. 

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High risk of harm. 
Hazardous materials can cause 

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severe injury, illness, or 
environmental damage. 

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Inability to eliminate risk. 
Even with rigorous safety 

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measures, accidents can still 
occur. 

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Uncommon usage. 
Transporting hazardous materials

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is not a routine activity for 
most communities. 

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Inappropriateness of location. 
Transporting hazardous materials

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through populated areas 
increases the risk of widespread

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harm. 
Community Value. 

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The transportation of hazardous 
materials must be carefully 

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balanced against the potential 
risks to the community. 3 

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Storage of explosives. 
Description Storing explosives, 

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such as dynamite or fireworks, 
involves significant risks due 

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to the potential for accidental 
detonation. 

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Criteria. 
High risk of harm. 

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Explosives can cause 
catastrophic damage and loss of 

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life. 
Inability to eliminate risk. 

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The inherent instability of 
explosives means that the risk 

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cannot be entirely eliminated. 
Uncommon usage Storing large 

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quantities of explosives is not 
a common activity. 

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Inappropriateness of location. 
Storing explosives in densely 

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populated areas is particularly 
dangerous. 

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Community value. 
The storage of explosives must 

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be justified by significant 
community benefits, which are 

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often lacking. 
Case Illustrations 1 Blasting 

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Demolition Scenario A company 
uses explosives to demolish a 

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building. 
Despite taking extensive 

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precautions, the explosion 
causes significant damage to 

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neighboring properties. 
Application High risk of harm 

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The use of explosives inherently
poses a significant risk of 

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damage and injury. 
Inability To eliminate risk The 

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company took precautions, but 
the risk of harm could not be 

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entirely mitigated. 
Uncommon usage Blasting is not a

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common activity in the area. 
Inappropriateness of location 

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The demolition was conducted 
near residential properties. 

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Community value The need for 
demolition does not outweigh the

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potential risks to the 
surrounding community. 

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Outcome The company is held 
strictly liable for the 

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resulting harm, regardless of 
the precautions taken. 2 

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Chemical transportation Scenario
A truck transporting hazardous 

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chemicals overturns, resulting 
in a spill that contaminates a 

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nearby river and causes illness 
in the local population. 

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Application High risk of harm 
Hazardous chemicals pose a 

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significant risk to health and 
the environment. 

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Inability to eliminate risk Even
with safety protocols, the risk 

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of an accident cannot be 
entirely eliminated. 

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Uncommon usage Transporting 
hazardous chemicals is not a 

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common activity for the 
community. 

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Inappropriateness of location 
Transporting chemicals through a

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populated area increases the 
risk of widespread harm. 

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Community Value The 
transportation must be justified

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by significant community 
benefits which may not be 

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present. 
Outcome The transportation 

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company is held strictly liable 
for the resulting harm, 

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emphasizing the need for 
stringent safety measures 3. 

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Storage of explosives in a 
residential area Scenario A 

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fireworks company stores large 
quantities of fireworks in a 

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warehouse located near a 
residential neighborhood. 

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An accidental fire causes the 
fireworks to explode, resulting 

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in extensive damage and 
injuries. 

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Application High risk of harm 
Fireworks are inherently 

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dangerous and can cause 
significant harm. 

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Inability to eliminate risk The 
risk of accidental detonation 

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cannot be entirely eliminated. 
Uncommon usage. 

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Storing large quantities of 
fireworks is not a common 

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activity in residential areas. 
Inappropriateness of location 

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The storage is inappropriate due
to its proximity to homes. 

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Community value. 
The benefits of storing 

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fireworks do not outweigh the 
risks to the community. 

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Outcome. 
The fireworks company is held 

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strictly liable for the harm 
caused by the explosion, 

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highlighting the importance of 
appropriate storage locations. 

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Legal and policy implications 
The doctrine of strict liability

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for abnormally dangerous 
activities has significant legal

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and policy implications. 
It promotes public safety by 

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incentivizing those engaging in 
high risk activities to take all

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possible precautions and 
consider the broader impact of 

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their actions. 
One, promoting safety and 

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accountability objective Strict 
liability encourages individuals

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and entities to prioritize 
safety and take comprehensive 

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measures to prevent harm impact.
By holding parties strictly 

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liable, the law ensures that 
those engaging in dangerous 

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activities are accountable for 
any resulting harm, regardless 

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of fault. 
Two Balancing risks and benefits

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Objective The criteria for 
abnormally dangerous activities 

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help balance the benefits of 
certain activities against their

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potential risks impact. 
This balance ensures that 

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activities with significant 
societal benefits can proceed 

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with appropriate safeguards 
while those with 

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disproportionate risks are 
discouraged. 3 Encouraging 

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technological and procedural 
improvements Objective The 

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threat of strict liability 
incentivizes continuous 

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improvement in safety 
technologies and procedures. 

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Impact entities engaged in high 
risk activities are motivated to

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innovate and adopt the latest 
safety measures to minimize 

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potential harm. 4 Enhancing 
legal clarity and Predictability

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Objective Clear criteria for 
determining abnormally dangerous

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activities provide legal clarity
and predictability impact. 

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This clarity helps courts 
consistently apply strict 

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liability, ensuring fair and 
predictable outcomes for 

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plaintiffs and defendants. 
Challenges and Criticisms While 

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strict liability for abnormally 
dangerous activities serves 

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important public policy goals, 
it also faces challenges and 

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criticisms. 1 Determining what 
constitutes abnormally dangerous

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Challenge The criteria for 
determining whether an activity 

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is abnormally dangerous can be 
subjective and open to 

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interpretation. 
Impact. 

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Inconsistent application of the 
criteria can lead to 

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unpredictable legal outcomes and
uncertainty for those engaged in

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high risk activities. 
Two potential for over 

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deterrence challenge. 
Strict liability may deter 

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beneficial activities that carry
some risk but provides 

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significant societal benefits. 
Impact over deterrence can 

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stifle innovation and economic 
development as entities may 

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avoid engaging in activities 
that pose any potential 

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liability. 3 Balancing Community
Interests Challenge Balancing 

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the interests of the community 
against the benefits of certain 

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activities can be complex and 
contentious. 

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Impact legal decisions must 
carefully weigh the risks and 

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benefits, ensuring that public 
safety is prioritized without 

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unduly hindering beneficial 
activities. 4 Ensuring Fair 

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Compensation Challenge 
Determining appropriate 

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compensation for harm caused by 
abnormally dangerous activities 

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can be difficult. 
Impact Fair compensation must 

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account for both immediate and 
long term impacts, ensuring that

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victims are adequately 
compensated while avoiding 

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excessive financial burdens on 
defendants. 

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Future directions. 
As society continues to evolve, 

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the application of strict 
liability to abnormally 

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dangerous activities may also 
change. 

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Emerging technologies, new 
industries, and evolving 

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societal values will influence 
how courts and policy makers 

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approach these issues. 
One addressing emerging 

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technologies focus As new 
technologies emerge, such as 

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autonomous vehicles, drones, and
advanced robotics, courts will 

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need to determine whether these 
activities fall under the scope 

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of strict liability impact. 
Policymakers must establish 

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clear guidelines to address the 
unique risks posed by emerging 

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technologies. 
Balancing innovation with public

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Safety 2. 
Adapting to environmental and 

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public health concerns Focus 
Environmental and public health 

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concerns such as climate change,
pollution, and pandemics may 

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lead to new applications of 
strict liability impact. 

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Courts and policy makers must 
consider how to address the 

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risks associated with activities
that contribute to these broader

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issues. 
Ensuring that entities are held 

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accountable for their impact on 
public health and the 

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environment 3. 
Enhancing legal frameworks and 

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standards Focus Legal frameworks
and standards for determining 

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abnormally dangerous activities 
may need to be updated to 

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reflect changing societal values
and technological advancements. 

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Impact Continuous evaluation and
revision of legal standards will

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00:16:55,240 --> 00:16:58,880
ensure that strict liability 
remains relevant and effective 

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00:16:58,880 --> 00:17:01,480
in promoting public safety and 
accountability. 

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Summary Abnormally dangerous 
activities are those that pose 

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significant risks to people or 
property, regardless of the 

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precautions taken. 
The criteria for determining 

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whether an activity is 
abnormally dangerous include the

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00:17:17,280 --> 00:17:22,400
high risk of harm, inability to 
eliminate risk, uncommon usage, 

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00:17:22,720 --> 00:17:26,240
inappropriateness of location, 
and community value. 

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00:17:27,680 --> 00:17:30,720
By holding individuals and 
entities strictly liable for 

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00:17:30,720 --> 00:17:33,920
harm resulting from these 
activities, the legal doctrine 

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00:17:33,920 --> 00:17:37,520
promotes public safety 
accountability and continuous 

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00:17:37,520 --> 00:17:42,720
improvement in safety measures. 
Understanding the implications, 

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00:17:42,760 --> 00:17:45,920
challenges, and future 
directions of strict liability 

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00:17:45,920 --> 00:17:49,520
for abnormally dangerous 
activities helps ensure that the

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00:17:49,520 --> 00:17:53,200
legal system effectively 
balances the benefits and risks 

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00:17:53,200 --> 00:17:56,480
of high risk activities, 
protecting the public while 

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fostering innovation and 
economic development. 

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Strict Liability Product 
Liability Definition Product 

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00:18:06,880 --> 00:18:10,800
liability refers to the legal 
responsibility of manufacturers,

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00:18:10,800 --> 00:18:14,520
distributors, and sellers for 
injuries caused by defective 

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00:18:14,520 --> 00:18:18,920
products. 
Under strict liability, these 

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00:18:18,920 --> 00:18:21,960
parties are held liable for 
defects in their products, 

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irrespective of fault or intent.
Product liability is a crucial 

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00:18:27,360 --> 00:18:30,840
aspect of consumer protection 
law, ensuring that those who 

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00:18:30,840 --> 00:18:33,840
create and distribute products 
are held accountable for 

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00:18:33,840 --> 00:18:37,880
ensuring their safety. 
When a product defect causes 

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00:18:37,880 --> 00:18:41,640
harm, the injured party can seek
compensation without needing to 

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00:18:41,640 --> 00:18:45,080
prove negligence. 
This legal framework 

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incentivizes manufacturers to 
maintain high standards of 

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safety and quality in their 
products. 

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00:18:51,320 --> 00:18:55,400
Types of product defects. 
Product defects can be broadly 

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00:18:55,400 --> 00:19:00,080
categorized into three types, 
manufacturing defects, design 

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defects, and marketing defects. 
Failure to warn each type of 

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00:19:05,920 --> 00:19:09,080
defect presents unique 
challenges and considerations in

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00:19:09,080 --> 00:19:13,560
product liability cases. 
One Manufacturing defects 

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00:19:14,800 --> 00:19:19,120
Definition Manufacturing defects
are flaws that occurred during 

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00:19:19,120 --> 00:19:22,560
the production process, making 
the product different from its 

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00:19:22,560 --> 00:19:26,280
intended design. 
These defects are usually the 

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00:19:26,280 --> 00:19:29,840
result of errors in the 
manufacturing process, such as 

285
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poor workmanship, faulty 
materials, or inadequate quality

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00:19:33,880 --> 00:19:38,680
control characteristics. 
The defect effects only a 

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00:19:38,680 --> 00:19:41,280
limited number of units in a 
production batch. 

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00:19:42,480 --> 00:19:46,160
The product deviates from its 
design specifications, resulting

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00:19:46,160 --> 00:19:51,400
in a potentially dangerous item.
Examples a batch of medicine 

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00:19:51,400 --> 00:19:55,080
contaminated during production, 
a car with a brake system 

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00:19:55,080 --> 00:19:58,520
improperly installed, or a 
kitchen appliance with a faulty 

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00:19:58,520 --> 00:20:04,000
wiring connection that poses a 
fire hazard. 2 Design defects 

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00:20:05,400 --> 00:20:08,440
definition. 
Design defects are inherent 

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00:20:08,440 --> 00:20:11,600
flaws in the products design 
that make it unreasonably 

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00:20:11,600 --> 00:20:14,440
dangerous, even if manufactured 
correctly. 

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00:20:15,680 --> 00:20:19,400
These defects exist in the 
product line itself and affect 

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00:20:19,400 --> 00:20:24,280
all units produced according to 
the design characteristics. 

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00:20:24,720 --> 00:20:28,080
The products design is 
fundamentally unsafe, posing a 

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00:20:28,080 --> 00:20:30,960
risk to users even when used as 
intended. 

300
00:20:32,200 --> 00:20:35,200
The flaw is present in every 
unit produced under the same 

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00:20:35,200 --> 00:20:39,280
design. 
Examples A car model prone to 

302
00:20:39,280 --> 00:20:43,520
rollover accidents due to a high
center of gravity, a children's 

303
00:20:43,520 --> 00:20:47,560
toy with small detachable parts 
that pose a choking hazard, or a

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00:20:47,560 --> 00:20:51,600
chair that easily tips over due 
to a design flaw in its base. 

305
00:20:52,640 --> 00:20:59,160
Three Failure to warn Marketing 
defects Definition Marketing 

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00:20:59,160 --> 00:21:02,360
defects occur when a product 
lacks adequate warnings or 

307
00:21:02,360 --> 00:21:06,040
instructions that fail to inform
consumers of potential risks 

308
00:21:06,040 --> 00:21:10,600
associated with its use. 
This type of defect can also 

309
00:21:10,600 --> 00:21:14,400
involve misleading or incomplete
information about the products 

310
00:21:14,400 --> 00:21:20,080
proper use characteristics. 
The product itself may be safe 

311
00:21:20,080 --> 00:21:23,440
if used correctly, but the 
absence of proper warnings or 

312
00:21:23,440 --> 00:21:28,160
instructions makes it dangerous.
The defect arises from the 

313
00:21:28,160 --> 00:21:31,760
failure to communicate risks and
safe usage guidelines to the 

314
00:21:31,760 --> 00:21:35,440
consumer. 
Examples a pharmaceutical 

315
00:21:35,440 --> 00:21:38,560
company that does not adequately
warn about potential side 

316
00:21:38,560 --> 00:21:41,960
effects, a lawnmower without 
clear instructions on safe 

317
00:21:41,960 --> 00:21:45,840
operation, or an electric drill 
lacking warnings about proper 

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00:21:45,840 --> 00:21:49,520
handling to avoid injury. 
Requirements for product 

319
00:21:49,520 --> 00:21:54,000
Liability For a plaintiff to 
succeed in a product liability 

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00:21:54,000 --> 00:21:57,240
claim, they must establish 
several key elements. 

321
00:21:58,520 --> 00:22:01,760
These elements ensure that the 
liability is appropriately 

322
00:22:01,760 --> 00:22:04,440
assigned to the responsible 
parties in the products 

323
00:22:04,440 --> 00:22:10,920
distribution chain. 
One defendant's role definition.

324
00:22:11,760 --> 00:22:15,200
The defendant must be a 
manufacturer, distributor, or 

325
00:22:15,200 --> 00:22:17,560
seller in the products 
distribution chain. 

326
00:22:18,840 --> 00:22:22,040
Liability extends to all parties
involved in the products 

327
00:22:22,040 --> 00:22:27,080
creation and distribution scope.
This includes the original 

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00:22:27,080 --> 00:22:30,280
manufacturer, any company 
involved in assembling or 

329
00:22:30,280 --> 00:22:33,320
marketing the product, and 
retailers who sell the product 

330
00:22:33,320 --> 00:22:36,280
to consumers. 
Rationale. 

331
00:22:36,600 --> 00:22:40,080
The entire distribution chain is
held accountable to ensure that 

332
00:22:40,080 --> 00:22:43,760
products are safe and that each 
party has a vested interest in 

333
00:22:43,760 --> 00:22:50,160
maintaining quality control. 2 
Defect Presence Definition. 

334
00:22:50,720 --> 00:22:55,040
The product must have a defect 
manufacturing design or failure 

335
00:22:55,040 --> 00:22:58,600
to warn. 
The plaintiff must demonstrate 

336
00:22:58,600 --> 00:23:01,960
that the defect existed and 
directly contributed to their 

337
00:23:01,960 --> 00:23:04,400
injury. 
Evidence. 

338
00:23:04,720 --> 00:23:08,600
This often involves expert 
testimony, product recalls, or 

339
00:23:08,600 --> 00:23:12,400
documented instances of similar 
defects in other units. 

340
00:23:13,600 --> 00:23:17,800
Importance Establishing the 
presence of a defect is crucial 

341
00:23:17,800 --> 00:23:20,880
for linking the product to the 
harm suffered by the plaintiff. 

342
00:23:21,360 --> 00:23:26,720
3 Causation Definition The 
defect must cause the 

343
00:23:26,720 --> 00:23:30,400
plaintiff's injury. 
The plaintiff must show a direct

344
00:23:30,400 --> 00:23:33,000
connection between the defect 
and the harm suffered. 

345
00:23:34,480 --> 00:23:37,080
Proof. 
This involves demonstrating that

346
00:23:37,080 --> 00:23:39,840
the injury would not have 
occurred but for the defect. 

347
00:23:41,000 --> 00:23:44,160
Causation can be established 
through medical records, witness

348
00:23:44,160 --> 00:23:48,720
testimony, and expert analysis. 
Significance. 

349
00:23:49,320 --> 00:23:53,000
Causation is essential to ensure
that the liability is correctly 

350
00:23:53,000 --> 00:23:58,400
attributed to the defect and not
to other unrelated factors for 

351
00:23:58,520 --> 00:24:03,680
foreseeable use. 
Definition The injury must occur

352
00:24:03,680 --> 00:24:07,480
during a foreseeable use of the 
product, even if the use was not

353
00:24:07,480 --> 00:24:11,880
intended by the manufacturer. 
The defendant is liable if the 

354
00:24:11,880 --> 00:24:15,320
product was used in a way that 
could be reasonably anticipated.

355
00:24:16,520 --> 00:24:19,880
Application. 
This includes both intended uses

356
00:24:19,880 --> 00:24:22,160
and reasonably foreseeable 
misuse. 

357
00:24:23,280 --> 00:24:26,680
For example, if a product is 
likely to be used in a certain 

358
00:24:26,680 --> 00:24:30,400
way that the manufacturer should
anticipate, liability still 

359
00:24:30,400 --> 00:24:33,000
applies. 
Rationale. 

360
00:24:33,400 --> 00:24:36,840
Manufacturers and sellers must 
account for how consumers might 

361
00:24:36,840 --> 00:24:39,720
reasonably use or misuse their 
products. 

362
00:24:40,600 --> 00:24:45,320
Examples of product liability. 
Understanding how product 

363
00:24:45,320 --> 00:24:49,240
liability operates in real world
scenarios helps illustrate the 

364
00:24:49,240 --> 00:24:53,560
application of these principles.
Here are some detailed examples.

365
00:24:54,000 --> 00:24:58,200
One defective car parts 
scenario. 

366
00:24:58,920 --> 00:25:02,520
A car's brakes fail due to a 
manufacturing defect causing an 

367
00:25:02,520 --> 00:25:05,080
accident. 
Defendant's Role. 

368
00:25:06,120 --> 00:25:09,800
The car manufacturer is liable 
as the entity responsible for 

369
00:25:09,800 --> 00:25:12,920
the vehicle's production. 
Defect. 

370
00:25:12,920 --> 00:25:15,400
Presence. 
The defect is in the brake 

371
00:25:15,400 --> 00:25:18,640
system which failed due to a 
flaw in the manufacturing 

372
00:25:18,640 --> 00:25:21,360
process. 
Causation. 

373
00:25:21,880 --> 00:25:24,520
The brake failure directly 
caused the accident and the 

374
00:25:24,520 --> 00:25:28,040
resulting injuries. 
Foreseeable Use. 

375
00:25:28,480 --> 00:25:31,160
The brakes failed during normal 
driving conditions. 

376
00:25:31,440 --> 00:25:33,200
A foreseeable use of the 
vehicle. 

377
00:25:34,400 --> 00:25:38,800
Outcome The manufacturer is held
strictly liable for the injuries

378
00:25:38,800 --> 00:25:45,680
caused by the defective breaks. 
2 Dangerous Toys Scenario A toy 

379
00:25:45,680 --> 00:25:49,400
has small parts that detach 
easily and pose a choking hazard

380
00:25:49,640 --> 00:25:54,200
leading to a child's injury. 
Defendant's Role The toy 

381
00:25:54,200 --> 00:25:57,440
manufacturer and retailer can 
both be held liable. 

382
00:25:58,680 --> 00:26:02,640
Defect Presence The design 
defect is in the toys small 

383
00:26:02,640 --> 00:26:07,320
detachable parts. 
Causation The child choked on 

384
00:26:07,320 --> 00:26:10,720
one of the small parts, directly
linking the defect to the 

385
00:26:10,720 --> 00:26:15,360
injury. 
Foreseeable use The toy was used

386
00:26:15,360 --> 00:26:18,720
as intended and the risk of 
small parts detaching was 

387
00:26:18,720 --> 00:26:23,160
foreseeable. 
Outcome The manufacturer and 

388
00:26:23,160 --> 00:26:26,320
seller are held strictly liable 
for the injury caused by the 

389
00:26:26,320 --> 00:26:32,800
dangerous toy. 3 Case 
Illustration Scenario A consumer

390
00:26:32,800 --> 00:26:36,080
purchases a lawn mower with a 
design defect that causes the 

391
00:26:36,080 --> 00:26:39,160
blade to detach during use, 
resulting in injury. 

392
00:26:40,320 --> 00:26:43,880
Defendant's role. 
The lawn mower manufacturer and 

393
00:26:43,880 --> 00:26:46,840
retailer are both part of the 
distribution chain. 

394
00:26:48,040 --> 00:26:51,480
Defect Presence. 
The design defect is in the lawn

395
00:26:51,480 --> 00:26:54,760
mowers blade mechanism. 
Causation. 

396
00:26:55,200 --> 00:26:58,640
The detached blade caused a 
direct injury to the consumer. 

397
00:26:59,960 --> 00:27:04,200
Foreseeable use The lawnmower 
was used as intended for cutting

398
00:27:04,200 --> 00:27:07,920
grass, a foreseeable use 
outcome. 

399
00:27:08,360 --> 00:27:11,640
The manufacturer is held 
strictly liable for the injury 

400
00:27:11,640 --> 00:27:13,640
caused by the defective 
lawnmower. 

401
00:27:14,120 --> 00:27:18,520
Detailed examination of product 
liability elements one.