Strict Liability

Question 1

Strict liability simple def’n

Answer 1

liability without fault

Question 2

Types of strict liability (3)

Answer 2

1. wild animals
2. domestic animals
3. abnormally dangerous activities

Question 3

Strict liability: wild animals

Answer 3

If P is injured by animals characteristic propensity, D is strictly liable to invitees and licensees

Question 4

Strict liability: domestic animals

Answer 4

Keeper is not liable unless he knew or had reason to know of its dangerous propensity

Question 5

Strict liability: abnormally dangerous activity/ultrahazardous activity

Answer 5

an activity that is not common usage in the area and creates foreseeable risk of serious harm even when reasonable care is exercised by all actors (e.g., store explosives)

Question 6

When can a P recover for abnormally dangerous activity? (2 elements)

Answer 6

1. D engaged in ADA, AND
2. P was injured by the type of danger characteristic of the activity

Question 7

Strict liability defenses (3)

Answer 7

1. contributory negligence if P knew of danger
2. comparative negligence
3. assumption of risk