Strict Liability

Question 1

What must a seller be in to be liable for strict products liability?

Answer 1

Business of selling.

Casual seller not liable.

Question 2

What are the defects to strict liability.

Answer 2

Contributory Negligence: Not a defense

Comparative Fault: Split

Assumption of Risk: bars recovery
- Taunts animal

Trespasser
- Not liable for animals, except vicious watchdog (some jurisdictions).

Question 3

is pure economic loss recoverable under strict liability?

Answer 3

No.

Question 4

What are the three categories of strict liability

Answer 4

1. Abnormally dangerous actives
2. Animals
3. Products Liability

Question 5

What is the rule for wild animals?

Answer 5

Liable for injury due to animals dangerous propensity that is characteristic that owner has reason to know.

Liable for plaintiffs fearful reaction to sight of unrestrained animal.

Question 6

What is the rule for abnormally dangerous animals?

Answer 6

Known or has reason to know of dangerous propensities.

- Dog bite statutes = liable.

Question 7

What is the rule for trespassing animals?

Answer 7

Liable for foreseeable damage

• Household pet exception: unless owner knows or has reason to know of intrusion or har
• General negligence for public road

Question 8

What is a landlord’s liability for tenant’s animals?

Answer 8

None, unless has control under terms of lease.

Question 9

What is an abnormally dangerous activity?`

Answer 9

Creates a foreseeable and highly significant risk of physical harm even when reasonable care is used.

Not commonly engaged in

Courts look to gravity of harm, appropriateness of place and value to community
- Fireworks - courts are split

Strict liability exists for harm that makes activity dangerous only.