Strict Liability Flashcards
What is the general definition of strict liability?
Legal doctrine under which a party can be held liable for damages or injuries caused by their actions or products, regardless of fault or intent.
Must a plaintiff prove duty, breach, fault or intent under strict liability theory?
No.
When is a person held strictly liable for wild animals?
When he controls or possesses one.
What is the common law trespassing animal rule?
Owner of animals likely to roam or do damage is strictly liable for their trespasses and damage done by trespass as long as it was reasonably foreseeable.
Are dogs and cats subject to trespassing animal rule?
No.
Are livestock subject to trespassing animal rule?
Yes
What is a fencing-out statute?
The owner is held strictly liable for an animal that breaks through another’s properly fenced-out land.
What is a fencing-in statute?
A statute that holds the owner strictly liable if an animal is not properly restrained (fenced-in).
What three ways can an owner be held liable for a properly fenced-in animal that escapes anyway?
Strict liability
Negligence theory
Common law trespassing animals rule
What is the “one-bite” rule for domestic animals?
The owner of the animal cannot be held liable for the first bite, but the owner is strictly liable for any future bites by the animal.
Do states impose strict liability if an owner knows or has a reason to know that a domestic animal has vicious propensities abnormal to its class?
Yes. The majority of states do. Generally, breed does not matter.
If an owner does not know or does not have a reason to know a domestic animal has vicious propensities, what standard is used?
General negligence standard.
What factors determine whether an activity is abnormally dangerous for strict liability purposes?
RAGING
R-Risk. Existence of high degree of risk of harm to others.
A-Avoidance Impossible. Inability to eliminate risk through reasonable care.
G: Great Harm Likely. Likelihood that resulting harm will be significant.
I: Inappropriateness. Activity is inappropriate in location where it is conducted.
N: Not Common. Activity is not commonly performed or used.
G: Greater Community Value. Value to the community vs. danger it presents.
What section of the 2nd Restatement discusses factors for abnormally dangerous activities?
Restatement (2nd) Section 520
What is the famous case that concerns strict liability?
Rylands v. Fletcher (1868)
