Strict Liability

Question 1

Strict liability

Answer 1

Under strict liability, D has an absolute duty to make activities safe
-Allows P to establish D’s liability for P’s injuries without proving D acted negligently

Question 2

Strict liability is limited to cases involving

Answer 2

• Ultrahazardous and/or abnormally dangerous conditions
• Animal conduct
• Products liability

Question 3

Strict liability: prima facie case

Answer 3

1) Nature of D’c activity imposes absolute duty to make safe
2) Causation: actual and proximate cause
-Dangerous aspect of D’s activity caused P’s injury
-D generally liable only to foreseeable Ps
3) Damages to P’s person or property

Note: no amount of due care will relieve D of liability under strict liability

Question 4

Strict liability: Defenses

Answer 4

• Assumption of risk
• Comparative negligence

Question 5

Strict liability: Abnormally dangerous conditions

Answer 5

Requirements: abnormally dangerous activity/condition exists if
1) Severe risk: condition or activity imposes a severe risk of harm to persons or property
2) Cannot be made safe: it cannot be made reasonably safe
-Cannot be performed without a serious risk of harm
3) Uncommon: condition or activity is uncommon in the community
-Note: often arises on the MBE with explosive, toxic, and/or biohazardous material

Question 6

Injury must result from the abnormally dangerous activity

Answer 6

• Watch for fact patterns where abnormally dangerous conditions exist, but do not cause P’s injury
• E.g. truck carrying toxic waste in sealed containers, which fall and crash into P’s car but do not spill
  -No strict liability because the abnormally dangerous nature of the containers did not cause P’s injury

Question 7

Strict liability: property damage from trespassing animals

Answer 7

• Animal owners are strictly liable for reasonably foreseeable damage resulting from their animal’s trespass on another’s property
• Does not apply to household pets

Question 8

Strict liabilty: Animal conduct personal injuries

Answer 8

• Wild animals: owners are strictly liable to licensees and invitees for unprovoked injuries caused by their wild animals
• Domestic animals: no strict liability unless owners know of their animal’s unusually dangerous propensities
• E.g. if a dog has previously bitten people, its owner is strictly liable; but the negligence standard applies if this is the first time this dog has bitten anyone
• Trespassers cannot recover: trespassers are generally not entitled to recover under strict liability