Strict Liability Flashcards
Strict Liability Categories
- Possession of Animals
- Abnormally Dangerous Activities
- Products Liability
Strict Liability General Definition
Liability attaches whether or not due care is exercised as to certain activities.
Allows P to recover absent proof of fault.
Animals
Abnormally Dangerous Activities
Products Liability
Possession of Animals
Wild Animals have known or dangerous propensities and not customarily devoted to the service to humankind. Keeper of wild animal is strictly liable for injuries caused by wild animals.
Domestic animals have “known or dangerous propensities” if a reasonable owner would realize the animal presented a danger of death or injury. One bite rule. strictly liability if D knew, or had reason to know, of animals dangerous qualities.
domestic animals where dangerous propensities are normal
SL will not apply to domestic animals whose dangerous propensities are normal
bulls, mules, bees, stallions, etc
SL for Trespassers - Known and Unknown
NO SL for unknown trespasser for injuries inflicted by animals on D’s land even animals with known dangerous propensities
Watchdogs and SL
D is SL for vicious watchdogs
courts regard such animals as a mechanical device
Strict Liability for trespass to chattels
D is SL for trespass to land or chattels by wild animals or livestock of a kind likely to escape, trespass, and do damage.
Domestic pets - dogs and cats - are not considered livestock
Abnormally Dangerous Activities giving rise to SL
list considerations
Inevitable serious high risk of harm.
- activity creates risk of serious injury to person, land, or chattels
- Risk cannot be eliminated by the exercise of due care
- activity is not usually conducted in that area
Proximate Cause Issue and SL in the Abnormally Dangerous Activity
injury must be of a type that requires the imposition of strict liability for an abnormally dangerous activity in the first place.
unforeseen or intervening force and strict liability
unforeseen or intervening force can relieve an otherwise SL D of liability
Strict Liability Defenses - List 3
Contributory Negligence
Comparative Negligence
Assumption of Risk
Contributory Negligence and Strict Liability
Generally not a defense in a strict liability except
- P knew of the danger justifying imposing strict liability
- negligence caused exact danger to manifest.
will bar P recovery assuming jurisdiction applies traditional CN doctrine.
Comparative Negligence and Strict Liability
Comparative Negligence/Fault systems will reduce recovery where
P’s negligence contributes to their own injuries in SL situations
Assumption of Risk
- P knows and appreciates the danger justifying imposition of SL and 2. voluntarily exposes himself to such danger,
P may be completely barred from recovery.
Defenses - MBE Rule and SL
Plaintiffs unreasonable conduct is not a defense - Comparative or Contributory Negligence.
Only Assumption of the risk is a defense on the MBE
