Strict Liability

Question 1

Strict Liability:
Prima Facie Case

Answer 1

P can establish D’s liability for P’s injuries without proving D acted negligently

Strict liability is limited to cases involving:

• Products liablity
• Animal conduct
• Ultrahazardous and/or abnormally dangerous conditions

Prima Facie case:

1. Strict liability (ie absolute duty of D to make safe)
2. Breach of that duty
3. Causation - actual and proximate cause
4. Damages to P’s person or property

Note - no amount of due care will relieve D of liability under strict liability

Defenses - assumption of risk, comparative negligence

Question 2

Strict Liability

for Ultrahazardous Conditions

Answer 2

Those engaged in ultrahazardous or abnormally dangerous conditions or activities are strictly liable for any injuries resulting from those activities or conditions.

Requirements for proving an ultraharzardous condition:

1. The condition or activity imposes a severe risk of harm to persons or property
2. It cannot be made reasonably safe

• Cannot be performed without a serious risk of harm
  
  3. The condition or activity is uncommon in the community
• Note - often arises on the MBE as exposive, toxic and/or biohazardous materials

Injury must result from the ultrahazardous condition

• Watch for fact patterns where ultrahazardous conditions exist, but do not cause P’s injury
  
  • ie, a truck transporting nuclear waste in sealed containers, which fall off on the highway and crash into P’s car but do not spill
    
    • No strict liability b/c the ultrahazardous nature of the canisters did not cause P’s injury

Question 3

Strict Liability

for Animal Conduct

Answer 3

Property damage from trespassing animals

• Animal owners are strictly liable for all reasonably foreseeable damage resulting from their animal’s trespass on another’s property

Personal injuries

• Wild animals - animal owners are strictly liable to licensees and invitees for injuries caused by their wild animals
• Domestic animals - animal owners are strictly liable only if they know of their animal’s dangerous propensities
  
  • Ie if a dog has previously bitten people, its owner is strictly liable; but the negligence standard applies if this is the first time this dog has bitten anyone
• Trespassers cannot recover - trespassers are generally not entitled to recovery under strict liability