III. Strict Liability

Question 1

State the “Dangerous Animals” strict liability rule?

Answer 1

An owner of certain animals will be strictly liable for damage or harm caused by the animal irrelevant of culpability or fault.

Question 2

What is the strict liability rule for trespassing animals?

Answer 2

Strict liability applies to damaged caused by trespass of any livestock or other animal (besides dogs/cats) - even if utmost care is exercised.

Question 3

What is the strict liability rule for trespassing animals?

Answer 3

Strict liability applies for injury/harm caused by dangerous nature/propensity of a dangerous animal. Overs wild animals or domesticated animals that the owner knew/should have known had dangerous tendencies.

Question 4

State the “abnormally dangerous activity” strict liability rule?

Answer 4

A person will be strictly liable for harm caused by an abnormally dangerous activity.

Question 5

What is considered an “abnormally dangerous activity”?

Answer 5

Activity/usage that:

(1) CREATES A FORSEEABLE AND HIGHLY SIGNIFICANT RISK of physical harm EVEN WHERE REAONABLE CARE IS EXERCISED and

(2) UNCOMMON IN COMMUNITY

Thus, cannot be mitigated or eliminated with due care. Liable regardless of conduct.

Question 6

What are the types of causation for dangerous animals and abnormally dangerous activities?

Answer 6

ANIMALS: Strict liability for harm caused by dangerous animal/propensity for danger IRRELEVANT of intervening force of nature.

ACTIVITIES: Apply proximate cause test (i.e.., foreseeability). If there’s an unforeseeable intervening cause / “act of god” then causation won’t be established.

Question 7

Defenses for both (dangerous animals and activities)?

Answer 7

(1) Contributory Negligence - No
(2) Comparative Negligence and Assumption of Risk - Yes

Question 8

Limitations on applicability of strict liability for both (dangerous animals and activities: “abnormally dangerous activities”?