Strict Liability

Question 1

Wild and Livestock Animals

Answer 1

Trespassing v. Non-Trespass

Question 2

Trespassing Animals

Answer 2

Owner of livestock or other animals is strictly liable if those animals trespass on another’s land.

Question 3

Non-Trespass Animals

Answer 3

A person is strictly liable for all damage done by any dangerous animal that he keeps.

Question 4

Wild Animals

Answer 4

Strictly liable for all damage done, as long as damage results from typical danger of that species.

Question 5

Domestic Animals

Answer 5

No strict liability unless owner knows or has reason to know of an animal’s dangerous characteristics.

Question 6

Abnormally Dangerous Activities

Answer 6

1) Unavoidable danger- cannot be carried out safely even with reasonable care.
2) Activity is not one of Common Usage

Question 7

Factors to determine abnormally dangerous

Answer 7

• The degree of risk of harm
• The magnitude of that harm
• The inevitability of some risk, irrespective of precautionary measures that might be taken.
• The ordinary or unusual nature of the activity
• The activity’s value to the community in comparison to the risk of harm created by its presence.

Question 8

Policy Reasons

Answer 8

Non-Reciprocal risks mean that the one imposing them should shoulder the burden of the resulting harm.