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

ABNORMALLY DANGEROUS ACTIVITIES

Answer 4

Courts generally impose two requirements for finding an activity to be abnormally dangerous:
* The activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors
* The activity is not a matter of common usage in the community

Strict liability does not apply when the injury is caused by something
other than the dangerous aspect of the activity

Question 5

Elements for Strict Liability

Answer 5

To find liability under a strict liability theory, the plaintiff must show:
* 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