Page 32 Flashcards

1
Q

What is the rationale behind strict liability?

A

The nature of the cause of the harm is such that liability should be on the party best able to avoid its recurrence

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2
Q

What is the purpose of strict liability?

A

Reduce how frequently people choose to pursue that activity

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3
Q

Can due care relieve someone of liability for strict liability?

A

Nope

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4
Q

Where does duty come from in strict liability?

A

Foreseeable plaintiffs and hazards

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5
Q

Is assumption of the risk a defense to an SL activity?

A

Yes so long as you can show voluntariness

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6
Q

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?

A

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

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7
Q

Essentially strict liability is negligence but without what?

A

Duty and breach

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8
Q

What are the major situations where strict liability often applies?

A
  • D’s animal caused injury

- D was involved in an abnormally dangerous activity

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9
Q

What is strict liability?

A

Liability without proof of fault

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10
Q

What are the two major categories of regular strict liability?

A
  • Dangerous animals

- Abnormally dangerous activities

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11
Q

What are the different categories of dangerous animals for strict liability?

A
  • trespassing livestock
  • domestic animals
  • wild animals
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12
Q

How does SL apply to trespassing livestock?

A

If livestock or other animals intrude on someone’s land, the owner is subject to SL for physical harm caused

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13
Q

What is the definition of livestock?

A

Any animal of domestic value that is relatively easy to control (excluding pets)

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14
Q

What are some examples of livestock?

A

Cows, sheep, horses, pigs, etc.

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15
Q

Why does a court presume harm from livestock?

A

Because generally when they intrude on land they do harm by eating grass, trampling crops, scratching, digging, etc.

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16
Q

What are the two different views on trespassing livestock for SL?

A
  • 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
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17
Q

How are domestic animals treated under strict liability?

A

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

18
Q

What is the reasoning for the domestic animals portion of strict liability?

A

The social utility of keeping an animal known to have atypical dangerous tendencies is outweighed by the magnitude of the risk involved

19
Q

What is the restatement 2 approach to domestic animals for SL?

A

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

20
Q

How does strict liability work for certain animals that are frequently dangerous?

A

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).

21
Q

What are some animals that count as dangerous animals under domestic animals?

A

pitbulls, bees, bulls

22
Q

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?

A
  • some courts: no because essentially every dog is allowed one free bite
  • some courts: yes, regardless of whether you knew of that characteristic previously
23
Q

How do wild animals relate to SL?

A

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

24
Q

What does the second restatement say about wild animals and strict liability?

A

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

25
Q

If a child is mauled by a bear that you own, are you liable?

A

Yes, you are strictly liable because mauling is part of the dangerous propensity characteristic of bears

26
Q

If someone tripped over your sleeping bear, are you liable for their injuries?

A

There’s no SL because tripping over a sleeping bear is not what makes bears dangerous

27
Q

Who decides if an animal is wild or domestic?

A

The court

28
Q

What are some examples of animals that are not considered to be wild?

A
  • bees
  • cats
  • stallions
  • parrots
29
Q

The wild animal rule for SL applies to what kinds of things?

A

Mammals, birds, fish, reptiles, insects

30
Q

What are some examples of wild animals?

A

Wolves, snakes, lions

31
Q

What else are owners liable for with their wild animal besides injuries?

A

Any trespass caused by the animal

32
Q

Are lions in a safari park considered wild animals?

A

Yes

33
Q

Wild animals that are held under public duty don’t have what?

A

SL implications, instead negligence has to be shown with the defendant be held to a high amount of care. Ie: zoo

34
Q

How do abnormally dangerous activities relate to strict liability?

A

If you pose an unavoidable risk of substantial harm to others, or do an ultrahazardous activity, you can be strictly liable

35
Q

If you engage in an abnormally dangerous activity or condition, what is your liability?

A

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

36
Q

When does the statute of limitations begin running for abnormally dangerous activities?

A

When the injury is inflicted

37
Q

What are some things that are included in abnormally dangerous activities?

A

Blasting, storing explosives, fumigating, cropdusting, flammable liquids, etc.

38
Q

What is the first restatement’s definition of the term ultrahazardous?

A

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

39
Q

What are some examples of dangerous activities that are not considered ultrahazardous?

A

Things that are commonly used like fire, vehicles, guns, boilers, etc.

40
Q

What was the change for abnormally dangerous activities from the first restatement to the second restatement?

A

Changed ultrahazardous to abnormally dangerous and put the focus on the context of the activity

41
Q

If you fence in an electricity generator and post signs, does that make you not liable in strict liability?

A

No, you’re still liable because that activity is so dangerous even if you use reasonable care it doesn’t matter