Defenses to Strict Liability

Question 1

Assumption of Risk

Answer 1

If P voluntary exposes himself to a known risk of harm, then he has assumed the risk.

Question 2

Scope of Risk

Answer 2

For abnormally dangerous activities, you will only be liable for things that are within the scope of the risk that the dangerous activity poses.
1. Think about what makes the abnormally dangerous activity dangerous – if the damage results from something not in the bounds of what makes it dangerous, it is not within the scope
2. Ex: Test bombing

Question 3

Act of God

Answer 3

D is not liable when the harm was caused by an act of God (natural cause)
1. Tornadoes, earthquakes
2. No human involvement in an act of God