Important Torts that are Neither Negligent nor Intentional
See the full video at https://youtu.be/stgUHfL8UdI
Strict Product Liability
Strict product liability is a legal rule that says a seller, distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened.
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.
Absolute Liability—Liability for Dangerous Animals
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.
Ultrahazardous Activity: Liability Without Fault
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.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
https://zalma.com/zalmas-insurance-fraud-letter-2/ Read last two issues of ZIFL here.
Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921
Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts
Listen to the Podcast: Zalma on Insurance https://anchor.fm/dashboard/episodes Zalma on Insurance
Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg/
Go to the Insurance Claims Library –https://zalma.com/blog/insurance-claims-library/