Page 32 Flashcards
What is the rationale behind strict liability?
The nature of the cause of the harm is such that liability should be on the party best able to avoid its recurrence
What is the purpose of strict liability?
Reduce how frequently people choose to pursue that activity
Can due care relieve someone of liability for strict liability?
Nope
Where does duty come from in strict liability?
Foreseeable plaintiffs and hazards
Is assumption of the risk a defense to an SL activity?
Yes so long as you can show voluntariness
If the plaintiff had to run from his house to his car knowing there is a vicious dog outside, would that be considered assumption of the risk?
No, because the alternative was staying a prisoner inside your house and surrendering your right to move freely on your own property, which wasn’t a reasonable alternative
Essentially strict liability is negligence but without what?
Duty and breach
What are the major situations where strict liability often applies?
- D’s animal caused injury
- D was involved in an abnormally dangerous activity
What is strict liability?
Liability without proof of fault
What are the two major categories of regular strict liability?
- Dangerous animals
- Abnormally dangerous activities
What are the different categories of dangerous animals for strict liability?
- trespassing livestock
- domestic animals
- wild animals
How does SL apply to trespassing livestock?
If livestock or other animals intrude on someone’s land, the owner is subject to SL for physical harm caused
What is the definition of livestock?
Any animal of domestic value that is relatively easy to control (excluding pets)
What are some examples of livestock?
Cows, sheep, horses, pigs, etc.
Why does a court presume harm from livestock?
Because generally when they intrude on land they do harm by eating grass, trampling crops, scratching, digging, etc.
What are the two different views on trespassing livestock for SL?
- R2: SL imposed for the owner unless the harm wasn’t foreseeable, the animals were being driven along the highway and confined to abutting land, or statute requires the plaintiff to have a fence
- R3: SL extends to any injury from an animal intrusion
How are domestic animals treated under strict liability?
If a domestic animal has a known dangerous propensity not shared by most members of its class, the owner is strictly liable for all harm that comes from that propensity
What is the reasoning for the domestic animals portion of strict liability?
The social utility of keeping an animal known to have atypical dangerous tendencies is outweighed by the magnitude of the risk involved
What is the restatement 2 approach to domestic animals for SL?
The owner only has to know the animal has shown a tendency to attack or has a dangerous character, not that he had previously attacked someone
How does strict liability work for certain animals that are frequently dangerous?
The owner is held to know that they have dangerous propensities (so the owner doesn’t need prior notice of that dangerous propensity in order to be strictly liable).
What are some animals that count as dangerous animals under domestic animals?
pitbulls, bees, bulls
If you have an animal that hasn’t in the past shown dangerous characteristics, are you strictly liable if it suddenly acts in a dangerous way?
- some courts: no because essentially every dog is allowed one free bite
- some courts: yes, regardless of whether you knew of that characteristic previously
How do wild animals relate to SL?
Keepers of wild animals that cause injury are strictly liable if it is part of that animal’s natural capacity, regardless of how much care they use
What does the second restatement say about wild animals and strict liability?
Injury that comes from a dangerous propensity characteristic of the wild animal results in liability, but if the injury comes from something that is not characteristic to the animal, there’s no liability
If a child is mauled by a bear that you own, are you liable?
Yes, you are strictly liable because mauling is part of the dangerous propensity characteristic of bears
If someone tripped over your sleeping bear, are you liable for their injuries?
There’s no SL because tripping over a sleeping bear is not what makes bears dangerous
Who decides if an animal is wild or domestic?
The court
What are some examples of animals that are not considered to be wild?
- bees
- cats
- stallions
- parrots
The wild animal rule for SL applies to what kinds of things?
Mammals, birds, fish, reptiles, insects
What are some examples of wild animals?
Wolves, snakes, lions
What else are owners liable for with their wild animal besides injuries?
Any trespass caused by the animal
Are lions in a safari park considered wild animals?
Yes
Wild animals that are held under public duty don’t have what?
SL implications, instead negligence has to be shown with the defendant be held to a high amount of care. Ie: zoo
How do abnormally dangerous activities relate to strict liability?
If you pose an unavoidable risk of substantial harm to others, or do an ultrahazardous activity, you can be strictly liable
If you engage in an abnormally dangerous activity or condition, what is your liability?
You are strictly liable for any harm to the person, land, or chattels of another as a result of the activity, even if you use reasonable care
When does the statute of limitations begin running for abnormally dangerous activities?
When the injury is inflicted
What are some things that are included in abnormally dangerous activities?
Blasting, storing explosives, fumigating, cropdusting, flammable liquids, etc.
What is the first restatement’s definition of the term ultrahazardous?
Involving a risk of serious harm to the person, land, chattels of others that can’t be eliminated by using utmost care and isn’t a matter of common usage
What are some examples of dangerous activities that are not considered ultrahazardous?
Things that are commonly used like fire, vehicles, guns, boilers, etc.
What was the change for abnormally dangerous activities from the first restatement to the second restatement?
Changed ultrahazardous to abnormally dangerous and put the focus on the context of the activity
If you fence in an electricity generator and post signs, does that make you not liable in strict liability?
No, you’re still liable because that activity is so dangerous even if you use reasonable care it doesn’t matter
