Strict Liability Flashcards
Dog bite statute florida
Owner is liable in any location, including his own property and regardless of if the dog has any history.
Αs long as P lawfully in that place.
* but not owed when dog is provoked.
* bad dog sign will bar liability as long as owner is not otherwise negligent unless victim is six or under.
Can use comparative negligence.
Strict liability
Liable even if exercised due care.
For possession of animals and abnormally dangerous activities. Consider:
1. Risk of serious injury created by the activity
2. If risk can be eliminated by due care,
3. If activity is usually conducted in that area
* defense if P knew of and assumed the risks.
- Ps contribution to his own injury or failure to act reasonably will not prevent recovery, only reduce it.