Strict Liability Flashcards
Strict Liability Definition
The Defendant is directly liable for all the harmful consequences that result, without fault/showing of negligence.
Two situations in which strict liability is imposed
(1) Abnormally Dangerous Activities and (2) Wild and Trespassing Animals
Abnormally Dangerous Activity Rule
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 the utmost care to prevent the harm.
Exner - explosion of dynamite. Storing dynamite is an abnormally dangerous activity because the likelihood of risk to others is high.
Factors that determine when an activity is “abnormally dangerous.”
- High degree of Risk
- The likelihood that the harm will be great
- Inability to eliminate the risk by the exercise of reasonable care
- Not a matter of common usage
- The inappropriateness of the activity to the place where it is carried on
- The extent to which its value to the community is outweighed by its dangerous attributes.
What are the three categories of animals an owner can be found strictly liable for?
1) Wild Animals
2) Domestic Animals
3) Trespassing Animals
(1) What principle is applied to owners who own domestic animals that are not known to be abnormally dangerous and cause an accident?
(2) What is the rule?
Negligence principle.
One who possesses a domestic animal that he does not know or has reason to know to be abnormally dangerous is subject to liability for harm done if but only (a) he negligently causes the animal to do harm or (b) he is negligent in failing to prevent the harm.
Bryam - Donkey case where it escapes into the public highway, cannot be treated as a trespasser to be found strictly liable. Additionally, the owners did not know of any of the animal’s dangerous propensities. The court determined it was to be evaluated as negligence.
What is the rule on strict liability for animals (domestic or wild) that trespass and cause harm?
The owner or possessor of any animal, wild or domestic (other than household pets), is strictly liable only for the harm caused by the animal while trespassing, even if the owner did not know.
What is the rule on strict liability for Wild animals?
Owners of wild animals that cause harm are strictly liable, but the liability of the possessors of wild animals is limited to harm resulting from a dangerous propensity characteristic of wild animals of the particular class.
With regards to domestic animals (dogs/cats), when is the owner found strictly liable?
The owner is strictly liable if the owner has actual or constructive knowledge of their animal’s dangerous propensities based on previous acts.
Clark (cat) - The court held that the owners could not be held strictly liable because the cat was not abnormal and dangerous, and the owners did not have actual and constructive knowledge of the dangerous propensities based on the evidence.
