Strict Liability

Question 1

Animals

How does strict liability function for wild animals?

Answer 1

Strict liability for owners of wild animals where the animal causes the injury based on the animal’s wild nature (tigers, snakes, wolves, chimps, monkeys, etc)

Question 2

Animals

How does strict liability function for domestic animals?

Answer 2

Owner is strictly liable for harm caused by the animal if they should have known of the animal’s dangerous propensity (dogs, cats, birds, horses, mules, etc.)
* Attempts to train or restrain animal may show knowledge.

Question 3

Abnormally Dangerous Activities

What is the general principle for the majority jx when determining strict liability for abnormally dangerous activities?

Answer 3

Rest. 2d 519
1. One who carries on an abnormally dangerous activity is subject to liability for the harm resulting from the activity, although he has exercised the utmost care to prevent such harm.
2. This strict liability is limited to the kind of harm the possibility of which makes the activity abnormally dangerous

Question 4

Abnormally Dangerous Activities

What are the factors for determining abnormally dangerous activities in majority jx?

Answer 4

Rest. 2d 520
1. Existence of a high risk of some harm
2. Likelihood that the harm will be great
3. Inability to eliminate the risk by exercising reasonable 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. Extent to which its value to the community is outweighed by the dangerous attributes

Question 5

Abnormally Dangerous Activities

Minority approach to Abnormally Dangerous activities

Answer 5

Rest 1st/3d
1. Ultra hazardous/abnormally dangerous
2. Necessarily involves a risk of serious harm to the person, land, or chattels of others which cannot be eliminated by the exercise of the utmost care and
3. Is not a matter of common usage