Strict Liability

Question 1

Strict Liability Policy Basis
1. ?
2.
3.
4.

Answer 1

Deterrence

Question 2

Strict Liability Policy Basis
1.
2. ?
3.
4.

Answer 2

Spreading and shifting of losses

Question 3

Strict Liability Policy Basis
1.
2.
3. ?
4.

Answer 3

Reconciling benefits and burdens

Question 4

Strict Liability Policy Basis
1.
2.
3.
4. ?

Answer 4

Certainty of compensation

Question 5

A prima facie case for strict liability requires
1. ?
2.
3.
4.
5.
6.

Answer 5

1. An act or omission to act (where there is a duty to do so)

Question 6

A prima facie case for strict liability requires
1.
2.?
3.
4.
5.
6.

Answer 6

2. an absolute duty on the defendant to make safe due to the nature of the abnormally dangerous activity

Question 7

A prima facie case for strict liability requires
1.
2.
3. ?
4.
5.
6.

Answer 7

3. a breach of that duty

Question 8

A prima facie case for strict liability requires
1.
2.
3.
4. ?
5.
6.

Answer 8

4. breach was the cause in fact (actual cause) and

Question 9

A prima facie case for strict liability requires
1.
2.
3.
4.
5. ?
6.

Answer 9

(5) proximate cause of the plaintiff’s injury

Question 10

A prima facie case for strict liability requires
1.
2.
3.
4.
5.
6. ?

Answer 10

(6) there was damage (harm) to the plaintiff’s person or property

Question 11

A prima facie case for strict liability requires
1.
2.
3.
4.
5.
6.

Answer 11

1. An act or omission to act (where there is a duty to do so)
2. an absolute duty upon the defendant to make safe due to the nature of the abnormally dangerous / ultra- hazardous activity,
3. a breach of that duty
4. breach was the cause in fact (actual cause)
5. Proximate cause of the plaintiff’s injury
6. There was damage (harm) to the plaintiff’s person or property

Question 12

_________ ____________ essentially jumps over the elements of duty and breach without any investigation of reasonableness and imposes liability without fault - for public policy reasons.

Answer 12

strict liability

Question 13

Strict liability essentially jumps over the elements of _____ and _______ without any investigation of reasonableness and imposes liability without fault - for ______ _______ reasons.

Answer 13

duty and breach

public policy

Question 14

To determine whether an animal is considered ______ or _________: consider ______ in the community and the ______ of keeping the ________(used in the _______ of ________).

Answer 14

wild or domestic

customs

utility

animal

service of mankind

Question 15

A ______ ________ may be defined as an animal which belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury.

Answer 15

wild animal

Question 16

A wild animal may be defined as an animal which belongs to a ________ of _________ that have not been ________ ___________ and that are likely, unless _________, to cause personal injury.

Answer 16

category of animals

generally domesticated

restrained

Question 17

The _______ is strictly liable for harm done as a result of a _________ ____________ normally dangerous propensity. The harm caused must be that for which the animal is _________ ____________.

Answer 17

possessor

wild animal’s

considered dangerous

Question 18

The possessor is strictly liable for harm done as a result of a wild animal’s _________ __________ __________. The harm caused must be that for which the animal is considered dangerous.

Answer 18

normally dangerous propensity

Question 19

A ___________ will be held strictly liable for any injuries caused by wild animals as long as the person did nothing to consciously provoke the injury.

Answer 19

defendant

Question 20

A defendant will be held strictly liable for any injuries caused by wild animals as long as the person did nothing to _____________ ___________ the ___________.

Answer 20

consciously provoke the injury.

Question 21

Strict Liability - Wild Animals Exception:

Answer 21

Where the wild animal is kept under a public duty (e.g., zoo), strict liability usually does not apply (P must show negligence but the defendant is held to a higher standard of care.)

Question 22

Where the wild animal is kept under a __________ ___________(e.g., zoo), strict liability usually does not apply (P must show negligence but the defendant is held to a higher standard of care.

Answer 22

public duty

Question 23

A defendant will be held strictly liable for injuries (harm) caused by domestic animals, if the defendant ________ or ______ ______ _______(has knowledge) of the animals’ _________ ___________. Otherwise, the defendant is not strictly liable, but negligence may attach.

Answer 23

knew or should have known

dangerous propensities

Question 24

A defendant will be held strictly liable for injuries (harm) caused by domestic animals, if the defendant knew or should have known (has knowledge) of the animals’ dangerous propensities. Otherwise, the defendant is not ________ _________ but ____________ may attach.

Answer 24

strictly liable

negligence

Question 25

A defendant will be held strictly liable for injuries (harm) caused by domestic animals, if the defendant knew or should have known (has knowledge) of the animals’ dangerous propensities. Otherwise, the defendant is not strictly liable, but negligence may attach.

This rule applies even if the animal has never actually injured anyone. Generally, ________ _______ rule no longer exists, and several state statues hold the defendant liable for all dog bites even if there was no prior knowledge of the propensity to bite.

Answer 25

one bite

Question 26

____________ ___________ is one of the dangerous propensities for which animals are known!

Answer 26

intense fright

Question 27

**Domesticated animal = negligence unless it has a dangerous propensity for which you were aware.

**If the injury was not foreseeable and it was not within the scope of harm which make the animal dangerous it is negligence, not strict liability.

True or False.

Answer 27

True

Question 28

Strict Liability for injuries inflicted by wild animals or abnormally dangerous domestic animals kept by the landowner on his land will usually be imposed where the person injured came onto the land as an _________ or __________.

Answer 28

invitee or licensee

Question 29

A defendant may be held strictly liable to __________ and __________ who are injured by dangerous domestic animals while on Defendant’s land. **Exception exists for zoos and parks.

Answer 29

invitees and licensees

Question 30

3rd RSTMNT: An owner or possessor of ____________ or other animals, except for dogs and cats, that intrude upon the land of another is subject to strict liability for physical harm caused by intrusions.”

Answer 30

livestock

Question 31

To trespassers, a landowner may generally not be held to a strict liability standard, and the trespasser must show that the landowner acted negligently in the injury, as where the landowner knew that a trespasser was on his land and the owner failed to warn the trespasser of the animal. True or False.

Answer 31

True

Question 32

Where the landowner has reason to know that a _________ ______ _______ is likely to cause serious bodily harm, the landowner may be strictly liable to the trespasser, based upon the intentional tort principle that a landowner is not allowed to use deadly force to protect property.

Answer 32

vicious watch dog

Question 33

An actor who carries on an _____________ _____________ (Ultra-hazardous) activity is subject to strict liability for physical harm resulting from the activity.

One who maintains an _________ ____________ condition on his premises or engages in an activity presenting an unavoidable risk of harm to others, may be liable for harm caused even though reasonable care was exercised.

Answer 33

abnormally dangerous

abnormally dangerous

Question 34

An activity is considered_________ _____________if it creates a foreseeable and highly significant risk even when reasonable care is exercised and is not a matter of common usage.

Answer 34

abnormally dangerous

Question 35

An __________ ____________ is owed to make safe abnormally dangerous activities only to foreseeable plaintiffs and only for harm the flows from the normally dangerous propensity of the activity.

Answer 35

absolute duty

Question 36

Blasting

Answer 36

abnormally dangerous activity

Question 37

Manufacturing, storing, and using explosive or flammable materials

Answer 37

abnormally dangerous activity

Question 38

Oil Well Drilling (in some states)

Answer 38

abnormally dangerous activity

Question 39

Crop Dusting

Answer 39

abnormally dangerous activity

Question 40

Fireworks

Answer 40

abnormally dangerous activity