Strict Liability Flashcards
1
Q
Strict Liability - 2 types
A
- Wild Animals
- Abnormally Dangerous Activity
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
3
Q
Strict Liability - Abnormally Dangerous Activity
A
Blasting, explosives … dangerous, hazardous, etc.; chemicals
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