Strict Liability Flashcards
What does strict liability for animals cover?
Strict liability for animals covers any party that owns, keeps, possesses, or harbors an animal.
Are property owners liable for wild animals?
A property owner is not liable for wild animals unless he keeps one.
What standard are zoos held to?
Zoos are held to a negligence standard.
What are the rules for trespassing animals?
No strict liability for animals; use negligence.
What is the common law regarding animals that are likely to roam?
Owner of animals that are likely to roam is strictly liable for damage caused by their trespass if that damage was foreseeable. Does not include cats and dogs.
When is an owner liable for their animal breaking through a fence?
Owner is liable if an animal breaks through another property’s fenced in land.
When is an owner liable if their animal escapes a fence?
Owner is liable if their animal breaks out of being fenced in.
What is the ‘one free bite’ rule?
Some states allow for one free bite before the owner is held strictly liable.
When do most states impose strict liability for domestic animals?
Majority of states impose strict liability if the owner knows or has reason to know that a domestic animal is particularly nasty.
What is the statutory rule regarding an animal’s intent?
Some states set a statutory rule that the animal’s intent doesn’t matter.
What factors determine if an activity is abnormally dangerous?
Risky Spidey Rescues Can Appear Villainous
Factors include Risk of harm, Severity of harm, Ability to eliminate risk through Reasonable care, Commonality of act, Appropriateness to location, and community Value.
What happens if you artificially alter your land and it escapes?
If you artificially alter your land and that alteration escapes and does harm, you are strictly liable.
Is a property owner liable if his property floods from rain and damages another’s property?
Property owners are not liable for an injury caused by an act of god
