Strict Liability Flashcards

1
Q

Strict Liability - 2 types

A
  1. Wild Animals
  2. Abnormally Dangerous Activity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Strict Liability - Wild Animals

A
  • Domestic Animals: NOT strict liability
  • if has dangerous propensities, considered a wild animal and owner liable for strict liability
  • Wild Animals: always wild, can’t be domesticated
    *any injury that is type of injury that occurs when you encounter a wild animal
    **animal does NOT have to physically touch you
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Strict Liability - Abnormally Dangerous Activity

A

Blasting, explosives … dangerous, hazardous, etc.; chemicals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Defense to either form of Strict Liability: Assumption of the Risk

A

know & appreciate (understand) the danger of the risk, and you do it anyway

knowledge alone is not enough

NEVER assume there was assumption of risk

NEVER PICK AN ANSWER THAT DISCUSSES A DEFENSE OR EXCEPTION TO THE RULE UNLESS YOU’RE SURE THAT IS WHAT THEY ARE TALKING ABOUT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly