STRICT LIABILITY Flashcards
Under what circumstances can someone claim strict liability?
The animal of an owner causing injuries, AND Ultrahazardous/abnormally dangerous activities
When is the owner of an animal liable for injuries?
Trespass: Reasonably foreseeable damage done by a trespass of his animals;
Wild animals: Nontrespass injuries caused by wild animals that result from a dangerous propensity that is typical of the species; and
Domestic animals known to be dangerous: Injuries caused by domestic animals only if the owner knew or had reason to know of that particular animal’s dangerous propensities.
A homeowner owned a large poisonous snake which had been defanged and was kept in a cage. A storm damaged the homeowner’s house and the
snake’s cage, allowing it to escape. During the cleanup after the storm, a volunteer worker came across the snake. The worker tried to run away from the snake and fell, breaking his arm. In a suit by the worker against the homeowner based on strict liability in tort to recover for his injury, will the worker prevail? Why or why not?
Yes, because the worker’s injury was the
result of his fear of the escaped snake. An
owner of a wild animal is strictly liable for
harm caused by that animal’s dangerous
nature. Even though the snake was defanged, the worker had no reason to know this; his injury falls within the risk run by the homeowner because it was caused by the worker’s foreseeable reaction to seeing the escaped snake.
What factors does the court
consider when evaluating
whether an activity is abnormally dangerous for strict liability (ultrahazardous materials)?
An activity is abnormally dangerous if:
* The activity creates a high degree of risk of serious harm;
* The risk cannot be eliminated by the exercise of reasonable care;
* The activity is not common;
* The activity is not appropriate for the location;
and
* The danger outweighs the activity’s value to the community.
