Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Torts

St. Mary's University

Journal

Strict liability

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis Apr 2020

Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis

St. Mary's Law Journal

Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …


Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke Dec 1972

Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke

St. Mary's Law Journal

Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …