strict liability

Question 1

domesticated animals

Answer 1

An owner is not strictly liable for injuries caused by domestic animals (cats, dogs, farm animals, livestock, etc.) unless they have knowledge of that particular animal’s dangerous propensities that are not common to that species.

Injury caused by the normally dangerous characteristics of domestic animals (charging bulls, stinging bees, startled horses, etc.) does not create strict liability.

Additionally, every dog gets one bite. After the first bite, the owner is SL for bites by the dog.

Question 2

one bite rule

Answer 2

Every dog gets one bite.

D owns a pet dog, Fido. Last month, Fido bit a house guest. D is not SL to the guest.

However, last week, Fido bit a pedestrian while out for a walk. D will be SL to pedestrian bc the first bite gave D knowledge that Fido has dangerous propensities.

Question 3

TRESPASSING ANIMALS

Answer 3

An owner is strictly liable for reasonably foreseeable damage done caused by his trespassing animals.

Question 4

WILD ANIMALS

Answer 4

An owner is strictly liable to licensees and invitees for injuries caused by wild animals, including those kept as pets.

Strict liability generally not imposed in favor of trespassers.

To recover for their injuries from a wild animal (or abnormally dangerous
domestic animal) a trespasser must prove the owner’s negligence.

Question 5

STRICT LIABILITY & TRESPASSERS

Answer 5

• strict liability will generally not be imposed in favor of trespassers
• to recover for their injuries from a wild animal or (abnormally dangerous, domestic animal), a trespasser should try to recover via negligence or an intentional tort

Question 6

ABNORMALLY DANGEROUS ACTIVITIES

Answer 6

Courts look for 2 conditions when classifying an activity as abnormally dangerous:

• activity must create a foreseeable risk of serious harm, even when reasonable care is exercised by all actors
• activity is not a matter of common usage in the community

Question 7

What are some common examples of abnormally dangerous activities?

Answer 7

• blasting/manufacturing explosives
• storing/transporting dangerous chemicals or biological materials
• anything involving radiation or nuclear energy

Question 8

limitations on strict liability

Answer 8

-the defendants liability extends only to foreseeable plaintiffs
-the harm must result from the kind of danger to be anticipated from the dangerous activity or animal, including harm caused by fleeing from the perceived danger
- strict liability does not apply when the injury is caused by something other than the dangerous aspect of the activity (for example, a dynamite truck suddenly blows a tire and hits a pedestrian, but the truck does not explode)

Question 9

exam tip
strict liability

Answer 9

• don’t assume strict liability, unless the activity is clearly abnormally dangerous (explosives, dangerous chemicals, biological materials, radiation, nuclear energy) or the question specifies that the jurisdiction considers the activity, abnormally dangerous, you should not apply strictly liability to the activity
• exam questions testing on strict liability often include a statement in the fax or in an answer choice that the defendant exercise reasonable care .
• remember that the exercise, a reasonable care will not relieve the defendant of liability and a strict liability situation