Strict Liability

Question 1

Strict Liability imposed in 3 scenarios

Answer 1

1. Abnormally dangerous activities
2. Wild animals
3. Defective products

Question 2

D’s Duty in SL situations

Answer 2

Make activities absolutely safe. D will be liable for P’s injuries even if D was not negligent.

Question 3

Prima Facie Case for SL

Elements

Answer 3

1. D’s activities imposes an absolute duty to make safe;
2. Breach of duty;
3. Actual cause;
4. Proximate cause;
5. Damages

Question 4

D liable for injuries resulting from a wild animal when P’s injuries:

Answer 4

1. Unprovoked;
2. Caused by the animals foreseeable dangerous propensities or characteristics

Note: D liable for only what caused by animal’s dangerous propensity

Question 5

Wild Animal is:

Answer 5

• ferocious;
• unpredictable;
• dangerous;
• mischievous
• not by custom devoted to the service of mankind where they are kept

Question 6

Is D liable to undiscovered trespassors for injuries from their wild animals?

Answer 6

No but possibly from inuries from a vicious watchdog

Question 7

Is D strictly liable for injuries caused by domesticated pets?

Answer 7

D is only liable for neg unless:

• D knows or should know of the animal’s dangerous propensity;
• Harm is caused by dangerous propensity

Question 8

Is D strictly liable for harm caused by his animal trespassing on another’s land?

Answer 8

Yes, for reasonably foreseeable harm

Exception: D is not strictly liable for damage caused household pets

Question 9

Abnormally dangerous activity

Answer 9

1. Not common usage
2. Creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors (i.e. cannot be performed safely no matter how much care is exercised)

Question 10

Common abnormally dangerous activities (typical on MBE)