STRICT LIABILITY Flashcards
MBE TORTS - STRICT LIABILITY FPOR ESCAPING ANIMALS THAT DO DAMAGE
IF AN ONWER LEASES HIS LAND TO A HERDER OF A BUNCH OF GOATS, AND THOSE GOATS ESCAPE TO A NEIGHBORING PROPERTY, DOING DAMAGE TO THE GARDENS AND PLANTS ON THE NEIGHBOR’S PROPERTY,, IS THE OWNER LIABLE FOR THE HERDER’S GOATS?
Imposition of strict liability
(liability imposed regardless of fault)
Abnormally dangerous activities
Uncommon activity in community that poses foreseeable & highly significant risk of physical harm
Risk cannot be minimized by reasonable care and
Physical harm caused by abnormal danger
Intrusion by livestock
**Foreseeable intrusion of livestock onto land of another and
Intrusion causes physical harm typical of livestock (eg, consumption of grass)
**Wild animals
Category of typically undomesticated animal likely to cause personal injury unless restrained (eg, poisonous snake) and
Physical harm caused by animal’s abnormal danger
Abnormally dangerous animals
Animal with dangerous tendencies other animals in that category typically lack (eg, rabid dog)
Owner/possessor knows or should know of danger and
Physical harm results from that danger
Strict products liability
Harm caused by commercial supplier’s defective product and
Defect existed when product left commercial supplier’s control
The owner of an animal—other than a dog or cat—that intrudes upon another’s land is strictly liable for any reasonably foreseeable harm or damage caused by that intrusion (e.g., consumption of vegetation).* Here, the herder is the owner of the goats, so strict liability will be imposed upon the herder for damage to the neighbor’s property caused by the goats (Choice D).
However, **strict liability does not extend to the owner of the land on which the trespassing animals were kept—unless the landowner also had the right to possess the animals. **Here, there is no indication that the owner of the pastureland had the right to possess the goats. Therefore, the owner is not liable for the damage caused by the goats’ intrusion on the neighbor’s property (Choices B & C).
The exception to this rule for dogs and cats does not apply if the owner knows or has reason to know that the dog or cat is intruding on another’s property in a way that has a tendency to cause substantial harm.
The owner of an animal—other than a dog or cat—that intrudes upon another’s land is strictly liable for any reasonably foreseeable harm or damage caused by that intrusion (e.g., consumption of vegetation). Here, ***the herder is the owner of the goats, so strict liability will be imposed upon the herder for damage to the neighbor’s property caused by the goats (Choice D).
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