Strict Liability Flashcards
What type of liability applies to abnormally dangerous?
Strict liability.
What do we assert for abnormally dangerous activities?
Both Strict Liability and Negligence.
For manufacturing defects if you can’t decide what type of claim do you bring to court?
Strict liability and liability of normal negligence.
What are the incentives of strict liability
Above + Beyond measures (reasonable standard of care and then more)
Cost Analysis of Strict liability
*Fault doesn’t matter
*Discourages conduct
*Discourages plaintiffs from taking care
Benefit of Strict liability
*Person who was injured always has a claim.
When should we apply strict liability?
Only in unusual circumstances. Very Limited.
When the act is very dangerous and/or very irresponsible.
Example of strict liability?
Owning a tiger. Taking it on a walk.
Abnormally Dangerous
*Foreseeable and highly significant risk of physical harm even when reasonable care is exercised
*Activity is not of common usage
Private necessity
If you are in danger from a natural hazard, you will not be liable for trespass, just any damages you cause)
(tying a boat to stranger’s dock in a storm)
Hot air balloon principle
You are strictly responsible for you damages, and the negligent acts of others there for you spectacle
How should the tort system handle someone who removes a tree stump with dynamite?
Strictly liable, this is conduct that should be discouraged.
Even if licensed, if damages ensue.
Most likely a statute here.
Elements of Abnormally Dangerous Activities
(a) An actor who carries on an abnormally dangerous activity is subject to strict liability for physical harm resulting from the activity.
(b) An activity is abnormally dangerous if:
(1) the activity creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors; and
(2) the activity is not one of common usage.
