Strict Liability

Spotlight On The SCRA (Part 2 Of 3): Ensuring Compliance

by BuckleySandler LLP on 5/20/2013

Recent enforcement activity has demonstrated the agencies have taken to viewing the SCRA as a strict liability statute. This shift in interpretation makes financial institutions legally responsible for compliance with the...more

Biting Back: What To Do If You Were Dog Bite Victim In New Jersey

by Berry, Sahradnik, Kotzas & Benson on 3/18/2013

Each year about 4.5 million people are bitten by dogs. Dogs can and should be controlled by their owners. The failure of an owner to take proper precautions can lead to a lawsuit for damages by an injured victim....more

3 Keys to Drafting Commission Plans to Avoid Wage Act Violations

by Renee Inomata | Burns & Levinson LLP on 3/15/2013

As I mentioned in some of my prior posts, the Massachusetts Weekly Payment of Wages Act (“Wage Act”) poses many challenges to employers due, in part, to the vagueness of its terms, the strict liability it imposes on employers...more

Are You My Supervisor?

by Paul Monsees | Foley & Lardner LLP on 1/3/2013

Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 12/28/2012

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more

Laws on Owning Pit Bulls

by Janet Raasch | Lawyers.com on 12/28/2012

Each decade has its “dangerous dog.” In the 1970s, it was Doberman pinschers. In the 1980s, it was German shepherds. In the 1990s, it was Rottweilers. Today, it’s pit bull terriers. Pit bulls were bred, originally in...more

Product Liability Law Medical Device Law Update: December 2012 - “A State of Profound Uncertainty”: The Crisis in Pennsylvania

by S. Vance Wittie | Sedgwick LLP on 12/24/2012

Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more

Strict Products Liability Claims Based On Design Defect Are Inapplicable To Implanted Medical Devices That Are Available Only...

by CMCP - California Minority Counsel Program on 12/21/2012

A recent California Court of Appeal decision out of the Second District has provided further clarity to the scope of California products liability law by reasserting the general rule that precludes strict liability for design...more

Dog Bite Law In New Jersey Makes Owners Responsible

by Law Offices of Robert Olkowitz, P.C. on 12/18/2012

Dog bites are common with nearly five million reported in the United States each year. Most do not cause serious injury, but the ones that do can be costly to the dog’s owner. The New Jersey dog bite statute affords victims...more

Court of Appeal Confirms that Private Utilities Can be Liable for Inverse Condemnation, and Held to the Same Standard as Public...

by Ben Rubin | Nossaman LLP on 9/5/2012

On August 30, 2012, the Second Appellate District of the California Court of Appeal held that a privately owned utility could be subject to strict liability for inverse condemnation, thereby concurring with a similar holding...more

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