Torts Rules I Keep Missing - Strict Liability

Question 1

What defense negates a commercial supplier’s strict liability?

Answer 1

Improper use of a product.

Question 2

When can strict liability be imposed in an abnormally dangerous activity?

Answer 2

Where this an (1) uncommon activity in community that poses foreseeable and highly significant risk of physical harm, (2) risk cannot be minimized by reasonable care and (3) physical harm caused by abnormal danger.

Question 3

When can strict liability be imposed where there is intrusion by livestock?

Answer 3

Where there is foreseable intrusion of livestock onto land of another and intrusion causes physical harm typical of livestock.

Question 4

When can strict liability be imposed where there are wild animals?

Answer 4

When it’s a category of typically undomesticated aniamls likely to cause personal injury unless restrained and physical harm caused by animal’s abnormal danger.

Question 5

When can strict liability be imposed where it’s an abnormally dangerous animal?

Answer 5

When the animal has dangerous tendencies of other animals in that category typically lack, owner knows or should know of the dnager, and physical harm results from that danger.

Question 6

How does a pure comparative jurisdiction impact a plaintiff’s recovery in a strict liability case?

Answer 6

A plaintiff’s recovery for strict products liability case is reduced in proportion to the plaintiff’s contributory negligence.