Strict Liability Flashcards
What is it?
Plaintiff need not prove negligence or intent.
Animals:
-Domestic animals: owners are liable only if negligence or intent is shown. The owner has to know that the particular liable animal had vicious propensities (“every dog is entitled to one bite”)
-Wild animals: owners are liable only to the types of injuries that are foreseeable, given the nature of the animal. It also extends only to classes of persons to whom injury is reasonably foresseable. Defendant may also be able to raise comparative negligence of the plaintiff as defense.
Abnormally dangerous Activities / Rylands v. Fletcher
If a defendant holds or accumulates a dangerous substance on his premises or alters the structure of land in such a way that causes damages to another (abnormally dangerous activities), that defendant can be held strictly liable for the damages, even if the defendant was not negligent.
- Abnormally dangerous activities=abnormal + dangerous.
Rule of Strict Liability applied to abnormally dangerous activities
Siegler v. Kuhlman:
Whether the activity involves a high degree of risk of harm, and whether such risk cant be eliminated by the exercise of reasonable care are the factors the court analyzed when determining the activity (hauling a huge amount of gas as freight) as abnormally dangerous.
Restatement (Second) of Torts 519:
- One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land, or chattels of another resulting from the activity, although he has exercised utmost care to prevent such harm. Strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.
-Even the unexpectable negligent or reckless conduct of a third person did not affect liability.
Restatement (Third) of Torts 20:
- An activity is abnormally dangerous and therefore subject to strict liability if it is one not of common usage and creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised.
** Third Restatement does not extend liability to unforeseeable events. **