Strict Liability Flashcards
1
Q
types of strict liability cases
A
- ultrahazardous / abnormally dangerous conditions
- animal conduct
- products liability
1
Q
Strict liability
A
- Nature of D’s activity imposes absolute duty to make safe
- causation
- damages
liable without fault
2
Q
Defenses to strict liability
A
- assumption of the risk
- comparative negligence
3
Q
abnormally dangerous activity/condition
A
- severe risk
- cannot be made reasonably safe
- uncommon (in the community)
4
Q
examples of abnormally dangerous activities
A
- explosives
- toxic material
- biohazardous materials
5
Q
trespassing animals
A
strictly liable for reasonably foreseeable damage
6
Q
wild animals
A
strictly liable for unprovoked injuries
7
Q
domestic animals
A
no strict liability UNLESS owner knows of unusually dangerous propensities
