Strict Liability Flashcards
When is an owner SL for trespass of his animals?
when reasonably foreseeable damages
What is the SL rule re wild animals?
owner is SL to licensees and invitees for injuries caused by wild animals (even those kept as pets)
What is the SL rule re domestic animals?
owner is not SL for injuries caused by dom. animals (including farm animals) unless he has knowledge of that particular animal’s dangerous propensities that are not common to the species
inj caused by the normally dangerous characteristics does not create SL
What is the SL rule re trespassers?
SL will generally not be imposed in favor of trespassers in the absence of the owner’s neg
but landowners may be liable on intentional tort grounds for inj. inflicted by vicious watchdogs
When is an activity deemed abnormally dangerous?
- activity must create a foreseeable risk of serious harm even when reasonable care is ex. by all actors; and
- activity is not a matter of common usage in the community
ex: blasting, manufacturing explosives, storing deadly chem, crop dusting, fumigating
Who is D liable to under SL?
extends only to foreseeable PLs and harm must result from the kind of danger to be anticipated from dangerous activity or animal
** no SL when injury is caused by something other than the dang. aspect of the activity (dynamite truck blows tire)
What are the defenses to SL?
in contributory neg. states, contrib. neg. is NO DEFENSE if PL has failed to realize the danger or guard against it
it is a defense if PL knew of the danger and his unreasonable conduct was the very cause of the harm
assumption of risk
many comp. neg. states apply comp. neg. rules to SL cases
