LE 101 Lecture Notes - Lecture 16: Product Liability, Punitive Damages, Water Slide
2 Nov 2016
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3 other possible defenses are contributory negligence, comparative negligence, and assumption of risk. Sovereign immunity- you cannot sue the government without their permission: the government has given consent for lawsuits concerning torts and contracts. To sue the federal government: have to be conducted in federal claims courts with no jury. Intentional torts: assault, battery, defamation, false imprisonment, invasion of privacy. 3 strict liability-liability without having to prove fault: applicable without intent or negligence, examples include, having wild animals, working with blasting/ dynamite/ explosives. Ultrahazardous activities- those activities that have an inherent risk of injury and therefore may result in strict liability 6 factors. 1x existence of a high degree of risk of some harm to the person, land or others. 2x likelihood that the harm that results will be great. 3x inability to eliminate the risk with reasonable care. 4x the activity is not a matter of common usage.
