Essay issues - SL

Question 1

Abnormally dangerous activity

Answer 1

An abnormally dangerous activity is one w/ a high risk of harm; not commonly found w/in the community; and has a risk that cannot be eliminated w/ due care.

Question 2

Abnormally dangerous activity elements?

Answer 2

Abnormally dangerous activity
- High risk of harm
- Not commonly found w/in the community
- Risk that cannot be eliminated w/ due care
Causation
- Actual
- Proximate
- Intervening cause
Damages (must prove actual injury; not just economic loss)
Defenses

*Do neg analysis and just say “see above” for causation, damages, and defenses.

Question 3

Defense to abnormally dangerous activity?

Answer 3

Assumption of risk

Question 4

Strict liability for wild animals

Answer 4

Strict liability applies to owners of wild animals or domestic animals, if the owner knows of the domestic animal’s dangerous propensities.

Question 5

SL for wild animals elements?

Answer 5

SL for animals (animal and dangerousness)
Causation
- Actual
- Proximate
- Intervening cause
Damages (must prove actual injury; not just economic loss)
Defenses

*Do neg analysis and just say “see above” for causation, damages, and defenses.