Strict Liability

Question 1

Strict Liability (SL)

what is it?

Answer 1

o Strict liability is based on activity

Question 2

SL rule

Answer 2

fault is not required for SL since SL is based on activity

Question 3

Animals

SL Intrusion of Animals rule

Answer 3

The basis of liability is imposed on those who keep, possess, or harbor the animal, not just the owner.

o The kinds of animals for whose trespasses or intrusions their owner would be liable were limited, and they had a definite barnyard pattern.
o They included cattle, horses, sheep, hogs, and goats, as well as such common errant fowl as turkeys
 But household animals are not included like dogs and cats

Question 4

Animals

Fencing Out Statute rule

Answer 4

if the plaintiff fenced his land properly there was strict liability when animals broke through the fence.

Question 5

animals

Fencing In Statutes rule

Answer 5

required the owner of the animals to fence them in or otherwise restrain them, and made the owner strictly liable if he did not do so.

Question 6

Animals

Wild Animals rule

Answer 6

If person has Actual or constructive knowledge (scienter) of the dangerous propensity of the animal–> then SL

Question 7

Animals

wild Animals rule

One Bite Rule

Answer 7

• Once your dog bites someone–> you have knowledge–>then they are SL
  o Don’t limit to a physical bite–>its any known propensity that is known to owner

Question 8

ADA General rule

Answer 8

 The type of harm that occurred must be within the traditional risk of the activity
* That is there must be a proximate cause using the Foreseeability Test from negligence

Question 9

ADA general rule

Exception to reducing risk…

Answer 9

f the D’s risk can be reduced or eliminated by due care/reasonable care–>then courts will not find ADA thus not apply SL

Question 10

ADA

2ndR Test states that SL is imposed on an activity when it inherently involves an abnormally activity

Factors:

Answer 10

• 1) existence of a high degree of risk of some harm to the person, land, or chattel of others,
• 2) likelihood that the harm that results from it will be great;
• 3) inability to eliminate the risk by the exercise of reasonable care;
• 4) extent to which the activity is not a matter of common usage;
• 5) inappropriateness of the activity to the place where it is carried one;
• 6) and extent to which its value to the community is outweighed by its dangerous attributes. (how valuable to society)

Question 11

ADA

3rdR Test states that SL is found where ADA…

Answer 11

1) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors

2) and the activity is not one of common usage
* Note that the “value to the community” factor is not included

Question 12

ADA

7 Limitations to SL on ADA

Answer 12

Contributory negligence

OR Comparative Fault

Or acts of nature/god

Or statutory permission (sanction that permits you)

Or proximate cause

OR Acts of 3rd parties over whom which D has no control

OR Assumption of Risk