Strict Liability

Question 1

Strict Liability

Answer 1

Liability is imposed irrespective of whether anyone was at fault.

If plaintiff’s own act caused harm, no liability.

No recovery for pure economic loss.

Assumption of Risk - If warned of danger and proceeds

Question 2

Animals

Answer 2

Type of animal and type of injury:

Domestic Animals - Not strictly liable, unless Defendant has knowledge of the dangerous propensities of the animal. One bite rule. If normally dangerous domestic animal not liable for normal dangerous propensity.

Wild Animals - Strictly liable for harm done by animal to person, land or chattel. Liability is limited to harm from dangerous propensity of animal. Does not apply to zoos or while being transported.

Trespassing Livestock - Strictly liable for trespass damages.

Licensees and invitees may recover under strict liability, trespassers may not unless owner had reason to know.

Must post warnings of vicious watch dogs.

Question 3

Ultra hazardous Activities

Answer 3

1) Blasting, drilling and fumigating or; Defendant brings something onto land that is likely to cause substantial damage if it escapes.
2) Engaged in ultrahazardous activity, had absolute duty to make safe, foreseeable plaintiff, suffered foreseeable harm, the activity was actual and proximate cause of injury and suffered actual injury.

Court will look at whether activity is a matter of common usage; is it conducted in an appropriate place, the value of the activity to the community.