Strict Liability

Question 1

What are the categories of tort strict liability ?

Answer 1

1. Abnormally dangerous activities
2. Wild Animals
3. Defective Products

Question 2

In strict liability, when is the defendant liable?

Answer 2

D is liable for injuring P whether or not he exercised due care

• Imposes liability regardless of defendant’s fault

Question 3

What is the wild animal rule?

Answer 3

If D keeps a wild animal & P is injured

• Owner is SL despite his precautions to prevent harm
• If harm arises from a dangerous propensity charachteristc of the animal OR
• of which the owner has reason to know

Question 4

What is the domestic pet rule?

Answer 4

Owner SL for injuries if he knows or has reason to know of a dangerous propensity & harm results

Question 5

What is the rule for trespassing domestic animals ?

Answer 5

Owner SL for reas. fores. damage caused

• if owner knows or has reason to know the pet is intruding on another’s land in a way that has a tendancy to cause subst. harm

Question 6

When is an activity abnormally dangerous?

Answer 6

When an activity:

1. Creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised, AND
2. The activity is not commonly engaged in

Question 7

Whay are common abnormally dangerous activities?

Answer 7

1. Blasting with dynamite
2. crop dusting
3. Transporting toxic waste
4. Fumigating

Question 8

Abnormally dangerous activities rule

Answer 8

A defendant engaged in an abnorm. dang. act. is held to SL

• w/out any proof of negligence
• for personal injuries & prop. damage
• Caused by the activity
• regardless of precautions taken to prevent harm

Question 9

What is the scope of the risk of abnormally dangerous activities ?

Answer 9

The harm that actually occurs results from the risk that made the activity abnormally dangerous in the first place

• D’s liab. can be cut off by unfores. intervening causes

Question 10

What are the elements of Strict Liability?

Answer 10

1. Absolute duty to make P’s pers. or prop. safe
2. Breach
3. Actual & Proximate Causation
4. Damages

Question 11

Wild Animals - Plaintiff’s Fearful Reaction

Answer 11

Owner SL for injuries caused by P’s fearful reaction to the sight of an unrestrained wild animal

Question 12

Wild Animals - Liability to trespassers

Answer 12

Landowner is NOT SL for injuries

• Exception - Vicious Watchdog
• NOTE - May be liable on negligence theory

Question 13

Dog Bite Statutes

Answer 13

Hold owners of dogs or other domestic animals designated in statute SL for damages resulting from personal injuries

Question 14

What is the effect if a domestic animal strays onto a pub. road & contributes to an accident?

Answer 14

General Negligence standard applies

Question 15

What are the defenses to Strict Liability ?

Answer 15

1. Assumption of the Risk bars recovery
2. Statutory Privilege - No SL for D performing essential pub. services

Contibutory Negligence - NOT a defense

Question 16

If a defendant’s wild animal wanders onto another’s property, what’s the liability to the defendant?

Answer 16

They are strictly liable for trespass

Question 17

When will assumption of the risk of animal attacks be a defense for a defendant?

Answer 17

When the vic. does something vol. to cause the animal to injure him

Question 18

When will strict liability apply to lateral support removed from improved land?

Answer 18

Only when the land would have colapsed in its nat’l state

• If the improvements caused the land to collapse, then P must prove negligence