6. Strict Liability

Question 1

D has the ________ to make activities safe.

Answer 1

Absolute duty

No amount of due care will relieve D of liability under strict liability.

♣ Allows P to establish D’s liability for P’s injuries without proving D acted negligently.

Question 2

Strict Liability Requirements:

Answer 2

DCNature

♣ 1. NATURE of D’s activity imposes absolute duty to make safe

♣ 2. CAUSATION: actual and proximate
• dangerous aspect of D’s activity caused P’s injury

♣ 3. DAMAGES: to P’s person or property

Question 3

Abnormally dangerous conditions

Answer 3

Requirements:
♣ 1. SEVERE RISK: condition or activity imposes a severe risk of harm to persons or property

♣ 2. CANNOT BE MADE SAFE: cannot be made reasonably safe
• cannot be performed without a serious risk of harm

♣ 3. UNCOMMON
• conditions or activity is uncommon in the community (e.g. explosive, toxic or biohazards)

Doesn’t count if abnormally dangerous condition exists but does not cause the injury!!

Question 4

Animal Conduct

Answer 4

PROPERTY DAMAGES from trespassing animals
♣ Animal owners are strictly liable for reasonably foreseeable damage resulting from their animal’s trespass on another’s property (does not apply to household pets)

PERSONAL INJURIES
♣ Wild animal: owners are strictly liable to licensees and invitees for unprovoked injuries caused by their wild animals.

♣ Domestic animals: no strict liability unless owners know of their animal’s unusually dangerous propensities

♣ Trespassers cannot recover: generally not entitled to recover under strict liability

Question 5

Defenses to strict liability:

Answer 5

(1) Assumption of risk

(2) Comparative Negligence