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Strict Liability and Products Liability / Strict Liability

Torts Strict Liability Strict Liability and Products Liability Strict Liability and Products Liability / Strict Liability Strict Liability and Products Liability Strict Liability Strict Liability and Products Liability /...

Strict Liability

Strict Liability Torts Torts Strict Liability Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.Strict LiabilityUse this entry as the rule-review checkpoint for Strict Liab...

Strict Liability and Products Liability / Products Liability

Torts Products Liability Strict Liability and Products Liability Strict Liability and Products Liability / Products Liability Strict Liability and Products Liability Products Liability Strict Liability and Products Liabi...

A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defe...

...ederal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to one expert's causatio...

Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103

Harper owned a small cattle farm next to Vale's vegetable fields. A windstorm knocked down a fence during the night,...

...gerous. Vale sues Harper for crop damage and personal injury. Analyze strict liability and any limits on Vale's claims. This essay tests livestock trespass strict liability and its limits for personal injury. NCBE MBE Su...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A city hired Ridge Blasting to remove bedrock for a sewer tunnel beneath a residential block. Ridge obtained permits,...

...ir property damage is exactly the risk that makes blasting subject to strict liability. Analyze the homeowners' strict-liability claims against Ridge. Address Ridge's strongest defenses. This essay tests abnormally dange...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

A company conducted lawful blasting at a quarry. A visitor watching from a safe observation building slipped on a ban...

...he lobby before any blast occurred. The visitor sues the company on a strict-liability theory for blasting. Which statement is most accurate? This question tests the scope-of-risk limit for strict liability. NCBE MBE Sub...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

A company stores large quantities of highly explosive chemical gas in above-ground tanks in a dense residential area....

A company stores large quantities of highly explosive chemical gas in above-ground tanks in a dense residential area. Even with careful handling, a small leak can cause a major explosion. The storage is useful to the...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A contractor used dynamite to remove rock near homes. The contractor complied with all permits and used reasonable ca...

...rby home's foundation. Which statement best describes the homeowner's strict-liability claim? This question tests classic blasting strict liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A dog bit a mail carrier last year when the carrier reached toward the porch. The owner knew about the bite. This yea...

...owner had clipped the dog to a leash. Which statement best describes strict liability? This question tests domestic-animal dangerous propensity notice. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Tor

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A farmer's cattle escaped through a fence after a sudden storm and trampled a neighbor's vegetable crop. The farmer h...

...that day and had used reasonable care. Which statement best describes strict liability for the crop damage? This question tests strict liability for livestock trespass damage. NCBE MBE Subject Matter Outline, Torts, Rest...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A homeowner's dog bit a guest. The dog was an ordinary household dog and had never before bitten, lunged at, or threa...

...imal rule and has no dog-bite statute. Which statement best describes strict liability? This question tests strict liability for domestic animals. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A horse at a stable kicked a visitor who walked behind it. The horse had never kicked, bitten, or shown unusual aggre...

...mal rules and has no relevant statute. Which statement best describes strict liability for the visitor's personal injury? This question tests personal injury caused by a domestic animal without known dangerous propensity...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A mining company hired a licensed independent contractor to conduct blasting on the company's land. The contractor us...

...ghbor's building. Which statement best describes the mining company's strict-liability exposure? This question tests nondelegability of abnormally dangerous activity strict liability. NCBE MBE Subject Matter Outline, Tor...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A private collector kept a tiger in a reinforced enclosure. The tiger had never before bitten anyone. During a guided...

...and bit a visitor's arm. Which statement best describes the visitor's strict-liability claim? This question tests wild-animal strict liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

A spectator ignored large signs warning that toxic pesticide would be sprayed by airplane in a marked field. The spec...

...h statement best describes the effect of the spectator's conduct on a strict-liability claim? This question tests plaintiff conduct defenses in strict liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Secon...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

AgriMax hired SkySpray, an independent contractor, to spray a highly toxic pesticide by airplane over AgriMax's orcha...

...dinary care. The organic farmer and Quinn sue AgriMax and SkySpray on strict-liability theories. Analyze strict liability, the effect of SkySpray's independent-contractor status, and any defense based on Quinn's conduct...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

Arden kept two animals at a rural retreat: a privately owned lynx and a large mixed-breed dog. The lynx was kept behi...

...tepped onto the porch with a package. Both drivers sue Arden. Analyze strict liability for each animal-related injury and any limits on recovery. This essay tests strict liability for wild animals and domestic animals wi...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

SolventCo stored thousands of gallons of highly volatile industrial solvent in above-ground tanks beside a residentia...

...cause and that it used careful storage practices. Analyze SolventCo's strict-liability exposure to the residents and the firefighter. This essay tests scope of risk and intervening causes in abnormally dangerous activity...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

Premises Liability

...ligenceContributory NegligenceComparative NegligenceAssumption of RiskStrict LiabilityAnimalsAbnormally Dangerous ActivitiesProducts LiabilityManufacturing DefectsDesign DefectsWarning DefectsDefamationPrivacy TortsMisre...

Products Liability

...ligenceContributory NegligenceComparative NegligenceAssumption of RiskStrict LiabilityAnimalsAbnormally Dangerous ActivitiesProducts LiabilityManufacturing DefectsDesign DefectsWarning DefectsDefamationPrivacy TortsMisre...

Vicarious Liability

...ligenceContributory NegligenceComparative NegligenceAssumption of RiskStrict LiabilityAnimalsAbnormally Dangerous ActivitiesProducts LiabilityManufacturing DefectsDesign DefectsWarning DefectsDefamationPrivacy TortsMisre...

Joint and Several Liability

...ligenceContributory NegligenceComparative NegligenceAssumption of RiskStrict LiabilityAnimalsAbnormally Dangerous ActivitiesProducts LiabilityManufacturing DefectsDesign DefectsWarning DefectsDefamationPrivacy TortsMisre...

A consumer bought a defective pressure cooker from a retailer. The receipt stated, "All warranties disclaimed; seller...

...burned the consumer. What is the likely effect of the disclaimer on a strict products-liability tort claim for personal injury? This question tests the effect of disclaimers on strict products-liability tort claims. NCBE...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability