Strict Liability

Question 1

What is the general idea of strict liabiltiy?

Answer 1

Separate cause of action from negligence, defendant must pay for damages even though he did not act intentionally or negligently – zero tolerance policy

Question 2

What is the policy basis behind strict liability?

Answer 2

1. Deterrence
2. Spreading and shifting of loss
3. Reconciling benefits and burdens
4. Certainty of compensation

Question 3

Is there strict liability for harm resulting from the possession of wild animals?

Answer 3

Yes, but zoos are the exception

Question 4

Is there strict liability for domestic animals?

Answer 4

Only when the owner or possessor had reason to know of the animal’s dangerous propensity - this is the one bite rule

Question 5

Can a “bad dog” sign be used to prevent strict liability

Answer 5

Yes, if the sign is readable and in a visible spot. Unclear how this would apply to children who can’t read.

Question 6

Is there strict liability for inherently dangerous domestic animals?

Answer 6

No

Question 7

Explain strict liability relating to cattle (four views)

Answer 7

1. Regular strict liability for harm resulting from cattle
2. Fencing out - if plaintiff fenced in his land properly, there was strict liability when animals broke through the fence, otherwise the owner was only negligent
3. Fencing in - owner strictly liable for cattle unless he properly fenced them in or restrained them
4. Just classic negligence relating to cattle

Question 8

What is the general rule for strict liability relating to hazardous activities?

Answer 8

An actor who carries on an abnormally dangerous activity is subject to strict liability for physical harm resulting from the activity

Question 9

What is the takeaway from Rylands v. Fletcher

Answer 9

If a defendant makes non natural use of land, they are strictly liable for any damage that causes to another (creating a reservoir or a man made lake)

Question 10

What are the factors to consider when determining whether an activity is abnormally dangerous for purposes of strict liability - Miller v. Civil Constructors

Answer 10

1. Existence of a high degree of risk of some harm to the person, land, or chattels of others
2. Likelihood of significant harm
3. Inability to eliminate the risk even with the exercise of due care
4. Extent to which the activity is not a matter of common usage
5. Inappropriateness of the activity to the place where it is carried on
6. The extent to which its value to the community is outweighed by its dangerous attributes

Question 11

Explain strict liability relating to transporting dangerous chemicals - Indiana Harbor Belt v. American Cyanamid

Answer 11

There is no strict liability for chemical manufacturers where plaintiff railway negligently spilled the chemicals they were transporting, negligent chemicals was not the cause of the accident and it could have been prevented through the exercise of due care

Question 12

What are the limitations on strict liability - Foster v. Preston Mill

Answer 12

Strict liability will be confined to the foreseeable consequences which lie within the extraordinary risk created by the abnormally dangerous activity