Strict Liability

Question 1

Prima Facie Case of Strict Liability

Answer 1

Must show: (1) D’s activity imposes an ABSOLUTE DUTY to make safe, (2) dangerous aspect of the activity was the ACTUAL AND PROXIMATE CAUSE of P’s injury, and (3) P suffered DAMAGE to person or property

Question 2

Animals

Answer 2

Strict liability for wild animals

Strict liability for FORESEEABLE damages caused by your trespassing animals

No strict liability for DOMESTIC ANIMALS (including farm animals) unless there is knowledge of that particular animals’ dangerous propensities not common to the species

Question 3

Abnormally dangerous activities

Answer 3

(1) activity must create a foreseeable risk of serious harm even when reasonable care is exercised, and (2) activity is not a matter of common usage in the community

MBE: reasonable care is IRRELEVANT. not a right answer choice for SL situations

Question 4

Extent of Liability

Answer 4

Harm that results must be of the kind anticipated from the animal or dangerous activity.

Ex: fleeing from animal or dangerous activity is foreseeable
Ex: dynamite truck blowing a tire and hitting a pedestrian, but no explosion, not SL (negligence)

Question 5

Contributory Negligence

Answer 5

Not a defense if P has failed to realize the danger or guard against it

IS a defense if P knew of the danger and his unreasonable conduct was the very cause of the harm from the wild animal or abnormally dangerous activity

Question 6

Assumption of Risk

Answer 6

Good defense to strict liability

Question 7

Comparative Negligence

Answer 7

Can be a defense