Strict Liability

Question 1

Abnormally Dangerous Activity Elements

Answer 1

(1) D’s conduct creates a reasonably foreseeable risk of harm; (2) the risk is highly significant; (3) the risk remains even when reasonable care is exercised, and (4) the activity is not a matter of common usage (in the area).

Question 2

Domesticated animals standard

Answer 2

For domesticated animals, there is no strict liability UNLESS the owner/keeper/handler has REASON TO KNOW the animal is abnormally dangerous in some way and the injury RESULTS FROM that danger. So, biting for a dog is not abnormally dangerous if the dog has been kicked, but a dog known to bite for no reason is probably abnormally dangerous.

Question 3

Wild animals standard

Answer 3

For wild animals, strict liability is imposed for animals NOT GENERALLY DOMESTICATED which are LIKELY to cause personal injury if not restrained EVEN IF the owner/keeper/handler exercised the utmost care.

Question 4

Can there be assumption of the risk for a trespasser that gets injured by a wild animal?

Answer 4

Yes, if there are signs posted warning about the wild animal.

Question 5

Nuisance elements

Answer 5

(1) duty not to impair the quiet enjoyment of other’s property; (2) breach: lawful but unreasonable consequences to P’s quiet enjoyment; which causes; injury that P ought not have to bear. Can get punitive damages. Can also get injunctive relief.

Question 6

Private nuisance rule

Answer 6

One who unreasonably impairs the enjoyment of property can be liable for damages. Can come from a perfectly legal activity, but it still results in an interference with your neighbor’s enjoyment of their property.

Question 7

Can you get injunctive relief for strict liability?

Answer 7

No