strict liability Flashcards
3 things required for prima facie case of strict liability
nature of D’s activity imposes an absolute duty to make safe, dangerous aspect of activity is prox/actual cause of injury, P suffered damage
what classes of entrants are and are not protected under strict liability?
invitees and licensees are, undiscovered trespassers are not
what about strict liability re: a vicious watchdog?
strict liability is imposed against landowner who protects prop from intruders by vicious watchdog
how does foreseeability of P relate to imposition of strict liability?
duty owed only to foreseeable P’s - (i.e., not to injury from blasted rock three miles away)
how does dangerous propensity relate to imposition of strict liability?
harm must result from the kind of danger to be antic from dangerous animal or abnormally dangerous activity
what are three defenses to strict liability in contrib negligence States?
“unknowing” contrib negligence, “knowing contrib negligence, and assumption of the risk
what is “unknowing” contrib negligence?
P’s contrib negligence is no defense if P simply failed to realize danger or guard against its existence
what is “knowing” contrib negligence?
P knew of danger and his unreasonable conduct was the very cause of the harm
when does strict liability for trespass incur due to animals?
owner is strictly liable for damage done by trespass of his animals as long as it was reasonably foreseeable
when is an owner strictly liable for personal injuries by a wild animal?
always - must compensate an injured P in all cases where harm resulted from an action of the animal that is characteristic of its class
when is an owner strictly liable for personal injury caused by domestic animal?
only when owner knows or has RTK that animal has “dangerous propensities abnormal to its class”, even if no specific history of attack by that animal
what’s the public duty exception to strict liab re: animals?
negligence must be shown if landowner is under public duty to keep the animals
how do dog bite statutes incur strict liab?
incur strict liab in personal injury action even without prior knowledge of dangerous characteristics
what happened in Sinclair v. Okata?
kid bitten by dog that had previously bitten others
what was the holding in Sinclair v. Okata?
owner of a domestic animal becomes strictly liable for injuries caused by the animal which stem from a vicious propensity KNOWN by the owner
define an “abnormally dangerous activity”
involves subst risk of serious harm to person or prop no matter how much care is exercised
when is one liable for abnormally dangerous activities?
when the injury was caused by the kind of harm that makes the activity ab dangerous
factors to determine whether activity is abnormally dangerous?
high degree of risk of harm, gravity of harm, ability to elim harm, activity is inapprop to place where it occurred, value of activity to community
what’s the scope of duty related to ab dangerous activities?
absolute duty to make safe - liability for ANY injuries to person or prop direct or prox caused
what happened in Fletcher v. Rylands (first case)?
D constructed reservoir on his land, flooded mines below the surface on adjoining land
what was the holding from Fletcher v. Ryland (first case)?
strict liability for escape of anything on your land that is likely to do harm
how did the second case, Ryland v. Fletcher, narrow the first holding?
strict liab should only apply when damages result from dangerous “non-natural” use of the land
what happened in Siegler v. Kyhlman?
car accident resulting from spilled gasoline car from truck hauler
why was the truck driver in Siegler found strictly liable?
hauling gas as cargo is undeniably an ab dangerous activity
what happened in Indiana RR v. Cyanamid?
railroad not strictly liab for transport of dangerous chemicals
how did the Cambridge Water v. Eastern Counties Leather case narrow the second Rylands holding?
claims under nuisance and Rylands/Fletcher must include a requirement that damage be foreseeable
what happened in Cambridge Water v. Eastern Counties Leather?
CWC’s water borehold was contaminated by chemical that originated in tannery owned by D
