Strict Liability

Question 1

How does the 2nd Restatement define “abnormally dangerous activities” and Strict Liability (SL)?

Answer 1

Strict liability exists for abnormally dangerous activites, defined in as the inability to eliminate a high risk of harm from uncommon activities of uncertain value.

Question 2

Is there strict liability for livestock?

Answer 2

There may be strict liability for property damage by livestock, depending on the fence-in/fence-out or other rules of the jurisdiction.

Question 3

Is there strict liability for wild animals?

Answer 3

Possible SL for property damage or injury from wild animals.

Question 4

Is there strict liability for dog bites?

Answer 4

Possible SL under statute for dog bites…
AND
Under the Common Law, for injury from a pet’s abnormally dangerous propensities.

Question 5

Is there strict liability for environmental harm?

Answer 5

SL for environmental harm is typically a subject for statute BUT may also exist as an abnormally dangerous activity under the common law.

Question 6

Is there strict liability for conditions on land?

Answer 6

SL for abnormally dangerous activities genrally applies to conditions on land, not the manufacture of products.

Question 7

What are some strict liability defenses?

Answer 7

1. Assumption of Risk

2. Comparative Negligence

Question 8

What is the Harm-of-the-Kind Rule?

Answer 8

For SL, harm must be ordinarily that which makes the activity abnormally dangerous; otherwise, the courts may find no causation.