Strict Liability

Question 1

def of SL

Answer 1

D is liable for injurying a P whether or not the D exercised due care

Question 2

categories of SL

Answer 2

possession of animals

abn dangerous activities

Question 3

D has a pet tiger. It bites P.

D liable?

Answer 3

yes- owner is SL for wild animals who do wild animal-like things

Question 4

SL: livestock

Answer 4

D is SL for trespass to land or chattels

Question 5

SL: abn dangerous activities- how to determine

Answer 5

act creates a risk of seri injury to P, his land, or his chattels
risk cannot be eliminated by exercise of due care
activity is not usu conducted in that area

Question 6

D has a pit bull. D tells her friend, P, that the pit bull has bit her several times when she hits its tail repeatedly. It bit the UPS guy last week after he hit its tail repeatedly.

P hits its tail repeatedly and it bites her. D liable?

Answer 6

Prob not: contributory negligence as a defense
exception: where P knew of danger, contrib neg caused exactly that danger to be manifested.

if in a contrib neg state, bars liab, otherwise reduces recovery

Question 7

D has a pit bull. It bit the mailman last week. D put up a fence and put a muzzle on it. Today, it bit P.

is D liable?

Answer 7

Yes-

owner is SL if aware it has a dangerous propensity.