Strict Liability

Question 1

Define strict liability

Answer 1

Strict liability is liability without showing a showing of fault

Question 2

What are the two categories of strict liability?

Answer 2

Animals and abnormally dangerous activities

Question 3

What is the rule of trespassing animals?

Answer 3

The rule varies as to when strict liability will apply but at common law in NC for livestock it is a fence out rule

Question 4

What is the rule for trespassing dogs and cats?

Answer 4

There is no liability at common law, unless the owner had knowledge of animals propensity to inflict particular harm while trespassing. This is an objective test and is based on what a reasonable person would know

Question 5

What is the rule for wild animals?

Answer 5

Owner or keeper of the wild animal is strictly liable for damages the animal causes and there is no need to show the owner’s knowledge of vicious propensity

Question 6

What is a wild animal?

Answer 6

It is a custom of the place and not devoted to the service of mankind

Question 7

Define a vicious animal

Answer 7

An animal that is dangerous in some way that is abnormal for that type of animal

Question 8

Define an abnormally dangerous activity

Answer 8

An activity that is so dangerous that even an exercise of reasonable care cannot eliminate the risk of serious harm

Question 9

Does NC permit strict liability claims against the state for abnormally dangerous activities?

Answer 9

Yes

Question 10

Define an inherently dangerous activity

Answer 10

An activity that can be performed safely only when proper precautions are taken. In these cases, negligence applies