Strict Liability

Question 1

General Rule of Strict Liability

Answer 1

Strict liability is liability without fault for things that are inherently dangerous.
i. Regardless of whether D was negligent or whether a tort was committed, the fact that D was doing said activity and P was injured = liability

Question 2

Trespassing of Animals

Answer 2

i. Owner of animals is strictly liable for the animals’ trespass on another’s land and for any damages caused by the trespass.
1. Under common law, limited to animals of a kind that is likely to roam and do damage (cattle, horses, sheep, hogs, and goats; not used for cats and dogs)

Question 3

Wild Animals

Answer 3

i. Owner of a wild animal is strictly liable to all except trespassers on their land even if they have exercised care to confine and prevent harm.
1. If P trespassed in D’s land and D’s wild animal attacked him, D is not strictly liable.

Question 4

Domestic Animals

Answer 4

i. If owner knew or should have known that the animal had dangerous propensities, then they will be found strictly liable for any damages caused by domestic animal.
1. If pet had done something in the past that shows a vicious propensity, D should know that animal has vicious propensity.,

Question 5

Non-Natural Uses

Answer 5

i. A person who brings something onto his land that involves a non-natural use, which is likely to cause substantial damage if it escapes will be held strictly liable if it escapes and causes harm.
1. Examples: water reservoir, toxic gas
ii. Binder rule: D is strictly liable for damages caused by its non-natural use of its land. Rylands
1. Defenses:
a. Act of God
b. P’s fault
c. Vis major (act of war)
iii. For natural uses of land, D will be liable for damages if found that D has been negligent in exercising case. Turner
1. Example: drilling oil well

Question 6

Abnormally Dangerous Activities

Answer 6

i. One who carries out an abnormally dangerous activity is subject to liability from harm to the person, land, and chattels of another even if he has exercised the utmost care to prevent such harm.
1. In determining what is an abnormally dangerous activity (6 factors):
a. Whether there is a high degree of risk
b. Magnitude of harm
c. Whether risk can be eliminated with reasonable care
d. Whether it is common usage or activity
e. Appropriateness of the activity
f. Value of the activity to the community
ii. D is strictly liable for damages caused by their abnormally dangerous activity. Cities Services Co
iii. In instances where evidence is destroyed from the abnormally dangerous activity, strict liability must be applied.

Question 7

Automobiles

Answer 7

i. All personal injury cases arising out of automobile accidents are governed by principles of negligence, not strict liability.