Paralegal Certification PrepLegal Terminology and ConceptsHard
A paralegal is drafting a complaint for a client who was injured when a defective product malfunctioned. The attorney advises the paralegal that the lawsuit can proceed without needing to prove that the manufacturer was negligent, only that the product was defective and caused injury. This legal doctrine is known as:
- ARes Ipsa Loquitur
- BStrict Liability
- CAssumption of Risk
- DContributory Negligence
Show answer & explanationAnswer & explanation
Correct answer: B. Strict Liability
Strict liability in product liability cases holds manufacturers, distributors, and sellers responsible for injuries caused by defective products, regardless of fault or negligence. The focus is on the product's condition, not the defendant's conduct.
Why the other options are wrong
- A. Res ipsa loquitur is a doctrine used in negligence cases where the facts imply negligence occurred, but it still requires proving negligence.
- C. Assumption of risk is a defense where the plaintiff knowingly and voluntarily exposed themselves to a known danger.
- D. Contributory negligence is a defense where the plaintiff's own negligence contributed to their injury.
Strict Liability (Product Liability)
A legal doctrine that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products, regardless of whether they exercised reasonable care or were negligent.
- Applies to abnormally dangerous activities and defective products.
- Does not require proof of fault or negligence.
- Focuses on the condition of the product, not the defendant's conduct.
Memory trick: Torts: When someone 'tort-ures' another, the law steps in.