Strict Liability; Alabama Law
Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 |
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Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.
Alabama recognizes two theories of strict liability, which are ultra-hazardous or abnormally dangerous activities, and unreasonably dangerous products. Ultra-hazardous itself and the risk of harm it creates to those in the vicinity. The basis for liability is that one who for his own purposes creates an abnormal risk of harm to his neighbors must be responsible for relieving that harm when in fact it does occur. Unreasonably dangerous products are unreasonable when it is foreseeable, and the manufacturer’s ability or unreasonable danger is the measure of its duty in the design of its product. A manufacture’s failure to achieve its full potential in the design unreasonable danger forms the basis for it strict liability in tort. In the following case Dickinson v. City of Huntsville, 822 So. 2d 411, 417 (Ala. 2001) is an example of the ultra-hazardous strict liability.
In May 2000, James Shannon Dickinson, an employee of the City of Huntsville, and Water Pollution Control, Inc., a company of which Dickinson is an officer and in which he is a shareholder, sued Metro Investigations, Inc., Jay Kennedy, an employee of Metro Investigations, and Loretta Spencer, mayor of the City of Huntsville, alleging that Spencer had improperly hired Kennedy and Metro Investigations to investigate his outside business activities and seeking
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Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.
Alabama recognizes two theories of strict liability, which are ultra-hazardous or abnormally dangerous activities, and unreasonably dangerous products. Ultra-hazardous itself and the risk of harm it creates to those in the vicinity. The basis for liability is that one who for his own purposes creates an abnormal risk of harm to his neighbors must be responsible for relieving that harm when in fact it does occur. Unreasonably dangerous products are unreasonable when it is foreseeable, and the manufacturer’s ability or unreasonable danger is the measure of its duty in the design of its product. A manufacture’s failure to achieve its full potential in the design unreasonable danger forms the basis for it strict liability in tort. In the following case Dickinson v. City of Huntsville, 822 So. 2d 411, 417 (Ala. 2001) is an example of the ultra-hazardous strict liability.
In May 2000, James Shannon Dickinson, an employee of the City of Huntsville, and Water Pollution Control, Inc., a company of which Dickinson is an officer and in which he is a shareholder, sued Metro Investigations, Inc., Jay Kennedy, an employee of Metro Investigations, and Loretta Spencer, mayor of the City of Huntsville, alleging that Spencer had improperly hired Kennedy and Metro Investigations to investigate his outside business activities and seeking