strict liability

Question 1

3 things required for prima facie case of strict liability

Answer 1

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

Question 2

what classes of entrants are and are not protected under strict liability?

Answer 2

invitees and licensees are, undiscovered trespassers are not

Question 3

what about strict liability re: a vicious watchdog?

Answer 3

strict liability is imposed against landowner who protects prop from intruders by vicious watchdog

Question 4

how does foreseeability of P relate to imposition of strict liability?

Answer 4

duty owed only to foreseeable P’s - (i.e., not to injury from blasted rock three miles away)

Question 5

how does dangerous propensity relate to imposition of strict liability?

Answer 5

harm must result from the kind of danger to be antic from dangerous animal or abnormally dangerous activity

Question 6

what are three defenses to strict liability in contrib negligence States?

Answer 6

“unknowing” contrib negligence, “knowing contrib negligence, and assumption of the risk

Question 7

what is “unknowing” contrib negligence?

Answer 7

P’s contrib negligence is no defense if P simply failed to realize danger or guard against its existence

Question 8

what is “knowing” contrib negligence?

Answer 8

P knew of danger and his unreasonable conduct was the very cause of the harm

Question 9

when does strict liability for trespass incur due to animals?

Answer 9

owner is strictly liable for damage done by trespass of his animals as long as it was reasonably foreseeable

Question 10

when is an owner strictly liable for personal injuries by a wild animal?

Answer 10

always - must compensate an injured P in all cases where harm resulted from an action of the animal that is characteristic of its class

Question 11

when is an owner strictly liable for personal injury caused by domestic animal?

Answer 11

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

Question 12

what’s the public duty exception to strict liab re: animals?

Answer 12

negligence must be shown if landowner is under public duty to keep the animals

Question 13

how do dog bite statutes incur strict liab?

Answer 13

incur strict liab in personal injury action even without prior knowledge of dangerous characteristics

Question 14

what happened in Sinclair v. Okata?

Answer 14

kid bitten by dog that had previously bitten others

Question 15

what was the holding in Sinclair v. Okata?

Answer 15

owner of a domestic animal becomes strictly liable for injuries caused by the animal which stem from a vicious propensity KNOWN by the owner

Question 16

define an “abnormally dangerous activity”

Answer 16

involves subst risk of serious harm to person or prop no matter how much care is exercised

Question 17

when is one liable for abnormally dangerous activities?

Answer 17

when the injury was caused by the kind of harm that makes the activity ab dangerous

Question 18

factors to determine whether activity is abnormally dangerous?

Answer 18

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

Question 19

what’s the scope of duty related to ab dangerous activities?

Answer 19

absolute duty to make safe - liability for ANY injuries to person or prop direct or prox caused

Question 20

what happened in Fletcher v. Rylands (first case)?

Answer 20

D constructed reservoir on his land, flooded mines below the surface on adjoining land

Question 21

what was the holding from Fletcher v. Ryland (first case)?

Answer 21

strict liability for escape of anything on your land that is likely to do harm

Question 22

how did the second case, Ryland v. Fletcher, narrow the first holding?

Answer 22

strict liab should only apply when damages result from dangerous “non-natural” use of the land

Question 23

what happened in Siegler v. Kyhlman?

Answer 23

car accident resulting from spilled gasoline car from truck hauler

Question 24

why was the truck driver in Siegler found strictly liable?

Answer 24

hauling gas as cargo is undeniably an ab dangerous activity

Question 25

what happened in Indiana RR v. Cyanamid?

Answer 25

railroad not strictly liab for transport of dangerous chemicals

Question 26

how did the Cambridge Water v. Eastern Counties Leather case narrow the second Rylands holding?

Answer 26

claims under nuisance and Rylands/Fletcher must include a requirement that damage be foreseeable

Question 27

what happened in Cambridge Water v. Eastern Counties Leather?

Answer 27

CWC’s water borehold was contaminated by chemical that originated in tannery owned by D