2017 California Baby Bar Exam (FYLSX/FYLSE) Torts: Understanding Products Liability, Strict Liability, and “Strict Products Liability”

Products Liability Includes Several, Independent Claims

“Products Liability” is actually made up of a several, different types of claims, which include:

  • Strict Products Liability (defective product)
  • Products Liability Negligence (regular elements of negligence apply)
  • Warranty Theory (implied warranties and any express warranties)
  • Battery (product as instrument causing battery)

Accordingly, when a question generally asks for possible “products liability” claims, and not one of the above claims specifically, then you should consider the possibility of any or all of these claims.

Strict Liability Also Includes Independent, Differing Claims

Likewise, “Strict Liability” also consists of a number of several, different, and independent claims, including:

  • Strict Products Liability (defective product)
  • Strict Liability for abnormally dangerous activities (e.g., transporting explosives)
  • Strict Liability for animals (wild animals and domestic animals with a dangerous propensity)

Don't Confuse Different Types of Strict Liability Claims

Many individuals confuse "Strict Liability for abnormally dangerous activities" and "Strict Products Liability". The difference between the two is that Strict Liability for abnormally dangerous activity requires an “abnormally dangerous activity” as an element of the claim. In contrast, Strict Products Liability requires the element of “defective product.”

A Model Template For "Strict Products Liability" Claims

From the above, it is important to recognize that “Strict Products Liability” is the only claim to fall into both categories: products liability and strict liability. The elements of a Strict Products Liability claim, and how you should organize an essay response, include the following*** (the underlined headings below):

AVAILABLE TO USERS SIGNED UP FOR OUR FYLSX ESSAY SOLUTION WORKSHOP.

Don't Limit Your Inquiry to Strict Products Liability

AVAILABLE TO USERS SIGNED UP FOR OUR FYLSX ESSAY SOLUTION WORKSHOP.

***Note, each sub-issue of the Strict Products Liability discussion should always include ALL the "essential issue components" as explained in the Workshop.