Strict Liability

Question 1

Regarding injuries caused by a wild animal, when is a owner generally NOT strictly liable?

Answer 1

When the individual injured was a trespasser.

EXCEPTION: Injuries caused by a vicious watchdog.

Question 2

What is the prima facie case for strict liability?

Answer 2

1) Absolute duty to plaintiff

2) Breach

3) Actual and Proximate Cause

4) Damages

Question 3

What are the elements of an abnormally dangerous activity?

Answer 3

1) Activity creates foreseeable and highly significant risk of physical harm

2) Activity is not commonly engaged in

3) Harm that occurs results from the risk of the ADA

4) Damages limited to personal injury and property damages