Strict Liability

Question 1

What is strict liability?

Answer 1

P can establish D’s liability for P’s injuries even without proving D acted negligently.

Question 2

What areas is strict liability limited to? (in torts)

Answer 2

1. products liability
2. animal conduct
3. ultrahazardous and/or abnormally dangerous conditions

Question 3

What are the three elements needed to prove strict liability?

Answer 3

1. Nature of D’s activity imposes absolute duty to make safe
2. causation - actual and proximate cause (dangerous aspect of D’s activity caused P’s injury)
3. Damages to P’s person or property

**No amount of due care will relive the D of liability under strict liability

Question 4

What are the defenses to strict liability?

Answer 4

1. assumption of risk

2. comparative negligence

Question 5

What are the three requirements for proving abnormally dangerous activity?

Answer 5

1. the condition or activity imposes a severe risk of harm to persons or property
2. it cannot be made reasonably safe (cannot be performed w/o serious risk of harm)
3. the condition or activity is uncommon in the community (explosive, toxic, and/or biohazardous materials)

Question 6

_____________ must result from the abnormally dangerous activity.

Answer 6

Injury.

Ex: truck carrying toxic waste in sealed containers, which fall and crash into P’s car but do not spill; no SL because the abnormally dangerous nature of the containers did not cause P’s injury.

Question 7

If an animal trespasses on someone else’s property, what is the animal owner’s liability?

Answer 7

Reasonably foreseeable damage resulting from their animal’s trespass on another’s property.

Question 8

What liability do wild animal owners face for personal injury?

Answer 8

Strictly liable to licensees and invitees for unprovoked injuries caused by their wild animals.

Question 9

What liability do domestic animal owners face for personal injury?

Answer 9

No strict liability unless owners know of their animal’s unusally dangerous propensities.

Ex: if a Dog has previously bitten people, its owner it strictly liable; but the negligence standard applies if this is the first time the dog has bitten anyone.

Question 10

What liability do animal owners owe to trespassers who suffer personal injury from the owner’s animal?

Answer 10

Trespassers generally not entitled to recovery under strict liability.