Strict Liability

Question 1

Prima Facie Case for SL

Answer 1

P must show:

1. Nature of D’s activity imposed an absolute duty to make safe;
2. The dangerous aspect of the activity was the actual and proximate cause of the P’s injury; and
3. The P suffered damage to person or property.

Question 2

Liability for Trespassing Animals

Answer 2

An owner is strictly liable for reasonably foreseeable damage done by a trespass of his animals.

Question 3

Liability for Injury from Animals.

Answer 3

An owner is strictly liable for injuries caused by wild animals so long as P did nothing to bring about the injury. No strict liability for domestic animals.

Question 4

Ultra-Hazardous/Abnormally Dangerous Activities

Answer 4

Liable if:

1. An activity creates a foreseeable risk of serious harm even when reasonable care is exercised by all; and
2. The activity is not a matter of common usage in the community.

Question 5

Defense to SL

Answer 5

Contrib Neg.-Not a defense
Assumption of the risk-Best Defense if available.
Comparative Neg.-Most comparative neg states apply those rules to SL cases.