Understanding Liability

What is 'strict liability'?

Strict Liability is known as Liability without fault. People can be Strictly Liable in many ways. The most common type of strict liability case involves an explosives factory. An explosives factory, no matter how much they try to make explosives safe, they never really can make them completely safe. And because of this, the law says if a manufacturer or a plant or corporation's going to engage in manufacturing these products, no matter what happens, if they hurt someone, even if they weren't negligent, they still have to pay. They're Strictly Liable.

What hazardous activities are examples of strict liability?

Examples of strict liability include manufacturing of explosives, storage of flammable liquids -- like a gas station, for example. It could include storage of pest killers, bug killers, even radioactive waste. This would all fall under ultrahazardous activity, for which there is no defense. Because you're strictly liable, you simply have to pay. In other words, the plaintiff's attorney's job is really just to figure out "How much is my client owed?"However, there are certain situations where if a plaintiff decides to trespass and put themselves in the middle of radioactive waste, for example, that then yes, there may be a defense available. Because obviously, somebody shouldn't be stepping inside of a radioactive waste plant.

What is 'product liability'?

Product liability is a situation where a manufacturer releases a product into the chain of commerce which causes harm or injury to the public in general. And in that situation, the person wronged can sue the manufacturer of that product.

What is 'vicarious liability'?

"Vicarious liability" is a theory of law which comes from ancient common law England which really means that a master is liable for the tortes of his servant. Modernly, that has been interpreted to mean that an employer is liable for the tortes of the employee. Examples include: A pizza delivery driver who's out delivering pizza for the pizza company. That driver may have driven recklessly, or negligently and caused an accident. If that happened, the pizza company could also be sued under a "vicarious liability" theory in order for the person wronged to be fully compensated. This is of social benefit, because that pizza car driver may not have a lot of money, and if he causes a serious accident, the public has an interest in being compensated for that. So, obviously the pizza company who sent this guy out to drive his car like a wildman, can pay for it. And they will pay for it under the theory of "vicarious liability."

What is 'joint liability'?

Joint liability is liability that would be a kin to a partnership where two or more people decide to enter into a venture or business relationship. And as a result of that business relationship, for example, they may have started a roller rink and they may have a floor on that roller rink floor which is dangerous. It may have pits; it may have nails sticking out. And because of that since these people entered into that venture into that relationship together, and someone has harmed themselves on that roller rink floor for example, all the people involved in that venture will be held liable. There are other ways other people will be held jointly liable. For example, let us say there are people out hunting ducks for example. And there are two men hunting standing together shooting with their shotguns and they accidentally shoot another hunter. Well, they both point their finger at each other and say, “No, he shot the gun. No, he shot the gun.” Well, the court say, “We do not care. We are going to hold you jointly liable because neither one of you wants to tell the truth. So you can fight it out amongst yourselves after you pay the plaintiff. And you guys can determine if you want to get reimbursement from each other but I am going to make both of you be liable for it.”

What are liability 'disclaimers' and 'waivers'?

Disclaimers and waivers are an attempt by many manufacturers of products to disclaim liability for certain injuries that may occur as a result of the use of the product. Some waivers are enforceable, for example, if someone buys a lawn mower and ignores the instructions to keep their foot away from the blades and they cut their feet off, well that waiver may be deemed enforceable if it was a reasonable and adequate warning and it was not uncommon for that particular product, or not deemed unsafe for that particular product to cut toes off if the instructions hadn't been followed. But if the instructions had been followed, it would be almost impossible for the product to cause harm. In that situation, the disclaimer of liability and the waiver of liability may be deemed enforceable. But other situations such as when someone releases something into a string of commerce, which causes extreme harm to someone and it's incapable of being made safe, there is no way that that disclaimer of liability or waiver of liability will be deemed enforceable. And in fact courts, especially in California, don't look kindly upon disclaimers of liability because it basically is saying that no matter how reasonable someone was, they can still harm people. And courts don't like that because courts say you have to be reasonable period.

How enforceable are liability disclaimers and waivers?

Disclaimers and waivers are enforceable in certain situations but not all. It is look case-by-case basis depending on the fact pattern. Example of a disclaimer that might be enforceable would be where a user of a car is instructed not to put airplane fuel in the car or it'll explodes and the person goes ahead and puts airplane fuel in the car because they want to drag race on the weekend and their car explodes. Well, the car manufacturer has already told you that if you put airplane fuel in the car or it's going to explode. So if a reasonable person would have read and interpreted that instruction, to the effect that their car would have exploded, would not have put airplane fuel in their car. In that case, the disclaimer would be upheld. But if a manufacturer of a baby crib uses a lacquer or varnish that kills babies and they put a warning on the baby crib saying if you buy this baby crib your baby could die, that probably would be a waiver liability that would not be upheld because it's obvious that every parent in town is going to expect that baby crib not to kill their babies.

What is 'culpability' in strict liability cases?

Culpability in strict liability cases is simply: the degree of guilt or blame-worthiness that the manufacturer of the product has in releasing a dangerous product into the flow of commerce.