Strict Liability

Question 1

Domesticated Animals

Answer 1

An owner is not strictly liable for injuries caused by domestic animals (including farm animals) unless they have knowledge of that particular animal’s dangerous propensities
that are not common to the species.

Question 2

Trespassing Animals

Answer 2

An owner is strictly liable for reasonably foreseeable damage done by a trespass of his animals

Question 3

Wild Animals

Answer 3

An owner is strictly liable to licensees and invitees for injuries caused by wild animals (even those kept as pets).

Question 4

Strict Liability Not Available to Trespassers

Answer 4

To recover for their injuries from a wild animal (or abnormally dangerous domestic animal) a trespasser must prove the owner’s negligence.

Question 5

PRODUCTS LIABILITY

Answer 5

There are five theories of liability that a plaintiff may use:
* Intent
* Negligence
* Implied warranties of merchantability and fitness for a particular purpose
* Representation theories (express warranty and misrepresentation)
* Strict liability

Question 6

Products Liability (Strict Liability)

Answer 6

The defendant is a merchant (in other words, a commercial supplier of the product)
* The product is defective
* The product was not substantially altered since leaving the defendant’s control
* The plaintiff was making a foreseeable use of the product at the time of the injury