Important Torts that are Neither Negligent nor Intentional
Strict product liability is “a manufacturer’s or seller’s tort liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product. Products liability can be based on a theory of negligence, strict liability, or breach of warranty.” This rule applies even if the seller exercises all possible care in the preparation and sale of the product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.
A person who possesses or harbors a dangerous animal, whether wild or domestic, is absolutely liable for injuries inflicted by it, where he knows or should know of its dangerous propensities. In the case of wild animals, scienter (evil intent) is presumed. In the case of domestic animals—the type an adjuster will normally see—it is necessary to establish scienter. Knowledge of the dangerous propensities must be proved by the plaintiff to establish liability.
Certain activities create such a serious risk of danger that it is justifiable to place liability for the loss on the person engaging in the activity.