Strict Liability Torts

Question 1

abnormally dangerous activity

Answer 1

1) an activity which is incapable of being conducted except with rhigh risk, AND
2) if harm occurs, it is likely to be severe, AND
3) the activity is uncommon in its location (ie uncommon in the community in which it takes place)

Question 2

three common types of strict liability cases

Answer 2

1) animals
2) abnormally dangerous activities
3) product liability cases (both design defect cases and manufacturing defect ones)

Question 3

precautions that may help a defendant limit a finding of strict liability against them

Answer 3

none!

Any precautions taken by the defendant (ie, to mitigate or reduct risk of harm when engaging in abnormally dangerous activities) are completely irelevant
in strict liability cases

** NOTE: bar examiners love to distract with “precautions”! **