How does a Plaintiff Claim Strict Liability?
Under Kenya laws, for a plaintiff to make a claim based on manufacturing defects, the following must be true:
Additionally damages may be awarded if the plaintiff can prove that the defendant was aware of the defect when the product was sold to the consumer.
Under Kenya laws, for a plaintiff to make a claim based on manufacturing defects, the following must be true:
- The defendant is the manufacturer of the defective product
- The product contained defects when purchased by the plaintiff
- The defect existed when the defendant sold the product
Additionally damages may be awarded if the plaintiff can prove that the defendant was aware of the defect when the product was sold to the consumer.
What are the Responsibilities of Sellers and Bailors?
Under Kenya laws, the lending of personal property to another with the agreement to return the property at a later time is called bailment. The owner is known as the bailor and the recipient of the property is the bailee. If there are inherent dangers in the use of the property, the bailor is responsible for warning the bailee of those dangers. Therefore, the bailor is liable for negligence if appropriate notice is not given to the bailee. Similarly, the seller assumes responsibility from the manufacturer to warn the consumer about the dangers of the product.
How does Strict Liability Relate to Ultra Hazardous Activity?
The “ultra hazardous” activity doctrine states that certain activities are create a serious risk of danger and that liability must be placed on persons engaging in this activity regardless of fault. In this legal definition the plaintiff under Kenya laws must have engaged in an ultra hazardous activity which caused the plaintiff to suffer injury, loss or damage and the defendant should have recognized the likelihood or damage to the plaintiff during the course of this activity. Some examples of ultra hazardous activity include demolition and the handling of dangerous animals.
Under Kenya laws, the lending of personal property to another with the agreement to return the property at a later time is called bailment. The owner is known as the bailor and the recipient of the property is the bailee. If there are inherent dangers in the use of the property, the bailor is responsible for warning the bailee of those dangers. Therefore, the bailor is liable for negligence if appropriate notice is not given to the bailee. Similarly, the seller assumes responsibility from the manufacturer to warn the consumer about the dangers of the product.
How does Strict Liability Relate to Ultra Hazardous Activity?
The “ultra hazardous” activity doctrine states that certain activities are create a serious risk of danger and that liability must be placed on persons engaging in this activity regardless of fault. In this legal definition the plaintiff under Kenya laws must have engaged in an ultra hazardous activity which caused the plaintiff to suffer injury, loss or damage and the defendant should have recognized the likelihood or damage to the plaintiff during the course of this activity. Some examples of ultra hazardous activity include demolition and the handling of dangerous animals.