Strict liability

Question 1

Prima facie case

Answer 1

1. nature of D’s activity imposes absolute duty to make safe
2. dangerous aspect of the activity was the actual and proximate cause of P’s injury
3. P suffered damage

• only three ways D can be held stricly liable:
  
  1. keeping wild animal (exotic pet)
  2. abonormally dangerous activity
  3. selling defective product

Question 2

Liability for animals

Answer 2

1. Trespassing animals: strict liability for forseeable harm caused by animals (other than household pets)
2. Personal injury
   
   1. domesticated animals: not strict liability unless you know of dangerous propensities that are not common to the species
   2. wild animals: strictly liable to licensees and invitees

• SL not imposed in favor trespassers in the absence of owner’s negligence. Owner may be liable for intentional torts for injuries from vicious dogs
  *

Question 3

Abnormally dangerous activities

Answer 3

Two requirements for finding activity to be abnormally dangerous:

1. activity must create foreseeable risk of serious harm even when reasonable care is exercised by all actors, and
2. activity not a matter of common usage in the community

• limitation: harm still must be within the risk!

Question 4

Product liability