12. Strict Liability

Question 1

What is required for prima facie case for strict liability?

Answer 1

1) ‘Absolute’ duty imposed on D to make safe
- Based on nature of D’s activity
- NOT duty to exercise reasonable care (negligence)

2) Actual + Proximate causation
- Dangerous aspect of D’s activity => Created P’s injury

3) Damages
- Personal/Property
- NOT economic damages

4) Foreseeable Plaintiff

Question 2

What is required for liability due to Defendant’s animals towards licensees/invitees/landowners (trespassed by D’s animals)?

Answer 2

Wild animals (bears, foxes)

• Even if kept as pets
• UNLESS public zoos (must show Owner’s negligence)

Domestic animals (farm animals - bulls)

1) Animal has dangerous propensities (NOT common to such persons)
2) D has knowledge of propensities

Question 3

What is required for liability due to Defendant’s animals towards trespassers?

Answer 3

Owner’s negligence

1) Discovered trespasser
2) Owner failed to warn of animal

Owner’s intentional tort
- Vicious watchdogs that cause ‘serious’ bodily harm

Question 4

What is required for liability due to abnormally dangerous activities?

Answer 4

(Rylands v Fletcher)

1) Operator
- NOT constructor

2) Creates foreseeable risk of serious harm
- Even if reasonable care exercised

3) NOT matter of common usage in community

Question 5

What are examples of abnormally dangerous activities?

Answer 5

Blasting

Manufacturing explosives

Crop dusting

Fumigating

Product liability

Nuclear plants

Mining

Toxic waste transportation

Question 6

What defences can prevent strict liability?

Answer 6

Contributory negligence

• P’s knowledge of danger + unreasonable conduct causing harm to P
• NOT P’s failure to realise/guard vs defect

Assumption of risk

Comparative negligence

Question 7

What are wild animals?

Answer 7

Matter of common knowledge => Naturally;

• Ferocious
• Unpredictable
• Dangerous
• Mischievous
• Not by custom devoted to the service of mankind where they are kept