Strict Products Liability v. Negligent Products liability Forum

Discussions related to the bar exam are found in this forum
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned."
AJS30

Bronze
Posts: 179
Joined: Mon Dec 09, 2013 7:57 pm

Strict Products Liability v. Negligent Products liability

Post by AJS30 » Fri Jul 25, 2014 9:58 am

Can someone please explain the differences between the two, such as whether the retailer needs to inspect the goods, privity with 3rd parties, etc.

User avatar
Gamecubesupreme

Bronze
Posts: 495
Joined: Tue Apr 14, 2009 8:54 pm

Re: Strict Products Liability v. Negligent Products liability

Post by Gamecubesupreme » Sat Jul 26, 2014 3:23 am

Big thing I believe is for strict liability, it doesn't matter how careful the manufacturer was. If you're injured and you can show some kind of defect + causation, then they will be liable.

For negligence, you have the additional burden of proving the manufacturers breached their duty of care (i.e. by not carefully inspecting the product).

There are probably other small differences, but the MBE is most likely going to ask questions about that.

Post Reply Post Anonymous Reply  

Return to “Bar Exam Prep and Discussion Forum”