Strict Liability Torts

Question 1

Strict Liability

Answer 1

Plaintiff does NOT need to show that the defendant was negligent, if the defendant causes harm, he or she will be liable even though due care might not have been exercised

Question 2

Abnormally Dangerous Activities

Answer 2

(1) serious risk of harm; (2) cannot be performed without risk no matter how much care; (3) the activity is not commonly engaged in the particular community; (4) the court will weigh the value of activity and the appropriateness of location

Question 3

Wild Animals

Answer 3

Strictly liable, even if he or she took all protections to confine the animal or prevent the harm, IF the harm arises from the dangerous propensity that is characteristic of such wild animals or dangerous propensities that the owner had reason to know about

Question 4

Domestic Animals

Answer 4

Owner can be strictly liable if the owner knows or has reason to know of the animals dangerous propensities

Question 5

Scope of the Risk

Answer 5

The harm that occurs must result from the risk that made the activity abnormally dangerous in the first place