hammontree v. Jenner case brief

Hammontree v. Jenner, p3

Injured Home Owner v. Driver With Seizure

Strict liability does not apply to automobile drivers.

Rule: A driver’s liability for injuries from an accident caused by a condition that renders him unable to drive is based on negligence and not absolute liability.

Strict liability is appropriate if you know you have a problem.

Case stands for basic proposition in American law for unintentional torts to be considered negligent

Standard liability v. Negligence.

1. Court refused to use strict liability standard in automobile accidents in general and in this case:
   1. Monumental policy change
   2. Negligence is the normal standard for sudden illness
   3. Strict liability in the product sense is intended for defective products.