Strict and Absolute Liability

Question 1

Strict Liability

Answer 1

Generally, strict liability is the same as negligence, except that we assume that defendant knew of the dangerous condition. For things and buildings Louisiana has eliminated strict liability in favor of a negligence standard.

Question 2

Things - Strict Liability

Answer 2

“Owner or custodian” of a thing is responsible for damage from its “ruin, vice or defect” where he:
(1) D has knowledge or constructive knowledge of the ruin, vice or defect;
(2) The damage could have been prevented by reasonable care; and
(3) D failed to exercise reasonable care

Question 3

Buildings - Strict Liability

Answer 3

“Owner” of a building is responsible for damage from its “ruin” when he:
(1) D has knowledge or constructive knowledge of the ruin;
(2) The damage could have been prevented by reasonable care;
(3) D failed to exercise reasonable care

• Landlord/tenant agreement: an owner-lessor may contract away from the liability by having the lessee assume responsibility for the condition of the leased premises. The owner is liable for an injury caused by a vice or defect only if the owner-lessor knew or should have known of the defect and failed to remedy it within a reasonable amount of time.

Question 4

Children - Strict Liability

Answer 4

• Parents are responsible for the acts of children residing with them when the act of the child would be negligent if performed by an adult.
• What to ask when you see this:
  (i) Was the child negligent?
  (ii) Were the parents negligent?
• Parents are liable for negligent acts of child.
• Elements:
  (1) Need a parent/child relationship
  (2) Child fault when measured by adult standard

Question 5

Animals and Dogs - Strict Liability

Answer 5

• Owners of animals are held to a negligence standard, unless the animal is a dog.
• Dog owners are strictly liable if:
  (1) The owner could have prevented
  (2) Provided that the injured person did not provoke the dog

Question 6

Absolute Liability - The Obligations of Neighborhood

Answer 6

• Absolute liability, unlike negligence and strict liability, imposes liability without fault (w/o any finding of an unreasonable risk of harm).
• The Code limits absolute liability to pile driving and blasting. All other actions involving land are evaluated by a negligence standard.
• For uses of the land other than pile driving or blasting, an owner is only responsible upon a showing that:
  (1) Owner had actual or constructive knowledge of the risk
  (2) Damage could have been prevented through the exercise of reasonable care
  (3) D failed to exercise reasonable care