Ch 5: Strict Liability Flashcards
(10 cards)
What is required for strict liability?
Proof of an absolute duty to make the plaintiff’s person/property safe, actual and proximate causation, and damages.
Strict liability applies without proof of fault in specific situations.
What situations fall under strict liability?
DAD (Dangerous activities, Animals, Defective or dangerous products) situations.
These are the only scenarios where a defendant can be liable without proving fault.
Define an abnormally dangerous activity.
An activity not commonly engaged in that creates a foreseeable and highly significant risk of physical harm.
Courts evaluate the gravity of harm, appropriateness of the place, and the limited value of the activity.
What factors do courts consider for abnormally dangerous activities?
- Gravity of the harm
- Inappropriateness of the place
- Limited value of the activity
Strict liability is focused on the nature of the activity, not the defendant’s care.
What is the strict liability for the owner of a wild animal?
Strictly liable for harm arising from a dangerous propensity characteristic of the animal or known to the owner.
This includes injuries from a plaintiff’s fearful reaction to an unrestrained wild animal.
What defines an abnormally dangerous animal?
An animal with dangerous propensities abnormal for its category or species known or should have been known by the owner.
The owner is strictly liable for harm resulting from these propensities.
What is the liability for trespassing animals?
Strictly liable for reasonably foreseeable damage caused by the animal while trespassing, except for household pets under certain conditions.
General negligence applies if an animal strays onto a public road.
Is contributory negligence a defense in strict liability cases?
No, in contributory-negligence jurisdictions, it does not bar recovery.
This means plaintiffs can recover even if they were partially at fault.
How does comparative fault affect recovery in strict liability cases?
In some jurisdictions, it does not reduce recovery; in others, it may reduce recovery based on the plaintiff’s comparative fault.
This is aligned with the Third Restatement principles.
What is the effect of assumption of risk in strict liability?
It bars recovery if the plaintiff knowingly engages in contributory negligence.
Assumption of risk indicates the plaintiff was aware of the risks involved.
