Strict Liability Flashcards
Strict Liability exists when a defendant is in legal jeopardy by virtue of…?
…a wrongful act without any accompanying intent or mental state.
Strict Liability does NOT have to prove what?
Negligence
What types of activities usually fall under Strict Liability?
Ultra-hazardous activities or activities regarding animals.
Common law doctrines impose strict liability for injuries inflicted by what kind of animals?
Wild.
A domestic animal’s owner can be subject to strict liability (rather than negligence based cause of action) IF…
if the owner knew that the particular animal was vicious. Animals also damage property and common law allows for strict liability if trespassing animals damaged property.
A defendant who carries on an abnormally dangerous activity is subject to strict liability for…
…physical harm resulting from the activity
An activity is abnormally dangerous if the activity creates …
…creates a foreseeable and highly significant risk of physical harm even when all actors exercise reasonable care and the activity is not a matter of common usage.