Strict Liability

Question 1

Definition of SL

Answer 1

A D is strictly liable for injuries caused even when there is extreme care/precaution used to avoid the harm.

Question 2

Wild Animals

Answer 2

An owner of a wild animal is SL to harm done to the P/P’s land/P’s chattels by that animal even if wild animal is kept as pet
–Owner only liable for injuries that would naturally result from a wild animal (SL for cheetah bite, no SL if cheetah bumps into P and P twists ankle)

Question 3

Trespassing animal

Answer 3

I. The owner of a trespassing animal is SL for damages done IF it is foreseeable that the animal will trespass and cause damages (ex: cow, sheep)
a. Trespassing people: SL is NOT imposed against landowners unless the owner was negligent (ex: if the owner knew the trespasser was on the land and failed to warn them of the animal, then SL)

Question 4

Domesticated animal

Answer 4

I. NO SL for household pets and farm animals, only liable for negligence.
a. EXCEPT: Owner has domesticated animal and has knowledge of its vicious or dangerous propensities

Question 5

Abnormally Dangerous Activities

Answer 5

If D is engaged in abnormally dangerous activities, D is liable even if the D took the utmost care to prevent the harm OR if it was caused by unexpected/innocent/negligent/reckless conduct by a 3rdP/animal/act of God.

Question 6

Factors to Determine Abnormally Dangerous/Ultra-Hazardous

Answer 6

a. High risk of death/Serious Bodily Injury
b. Activity cannot be made completely safe
c. Not a matter of common usage
d. Degree of danger outweighs the benefit to the community

Question 7

Defenses to SL

Answer 7

I. Comparative fault: Is a defense
II. Assumption of the risk: Is a defense
III. Contributory negligence: NO defense – unless P’s negligence CAUSED a malfunction in the abnormally dangerous activity