Strict Liability

Question 1

What is strict liability?

Answer 1

paying damages although the defendant has not acted intentionally; no amount of care can lower the risk

NOT absolute liability - this does not exist!!!

often accompanies a negligence claim (here you only have to show causation and damages)

Question 2

What are the 4 rules in use for trespassing animals?

Answer 2

(1) some courts impose strict liability for trespassing animals and use a general negligence standard

(2) common law trespassing animal rule - owners of animals likely to roam and do damage is strictly liable for their trespasses (not dogs and cats, think livestock)

(3) fencing out statute - states that there is strict liability for owner of an animal that breaks through another’s properly fenced out land

(4) fencing in statute - holds an owner strictly liable if an animal is not properly restrained. if the animal is fenced in properly and escaped anyway, there are three methods of liability: no strict liability, strict liability, common law rule

Question 3

What is the strict liability rule for wild animals?

Answer 3

majority imposes strict liability upon possessor of wild animals that injure someone

Question 4

What about strict liability and domestic animals?

Answer 4

one bite rule - some states allow domestic animals “one free bite” for which the owner of the animal cannot be held liable for at all, but they then hold owners strictly liable for any future bites by the anmial

a majority of states impose strict liability if an owner knows or has reason to know that a domestic animal has vicarious propensities abnormal to its class

if the owner does not know or have reason to know, a negligence standard is used

Question 5

What are the factors considered to determine whether an activity is abnormally dangerous?

Answer 5

(1) existence of a high degree of risk of some harm to the person, land, or chattels of another (probability)
(2) likelihood that the harm results from it will be great (likelihood)
(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 on
(6) extent to which its value to the community outweighs dangerous attributes

translation: PPL CRV
(1) probability of harm (high degree of risk)
(2) place - inappropriateness of the activity to the place
(3) likelihood of great harm
(4) common usage - extent to which the activity is not a matter of common usage
(5) reasonable care - inability to eliminate risk by reasonable care
(6) value to community

Question 6

What are the limitations to abnormally dangerous activities?

Answer 6

foreseeability (no hypersensitivity - minks)
acts of god
assumption of risks
more jurisdictions have adopted comparative fault into strict liability (pure, 49, 50)