Strict Liability

Question 1

Generally

Answer 1

Rule - P does not need to show that D was negligent, but only that they were engaged in the activity, causation, and harm.

Three Categories:

1. Abnormally dangerous activites
2. Wild animals
3. Defective Products

OHIO - dog owners strictly liable for injuries, death, or loss of property caused by dog UNLESS the injury was a result of the injury party committing a criminal offense on the owner’s property, or if someone was taunting the dog

Question 2

Abnormally Dangerous Activites

Answer 2

Rule - based on a set of factors:

1. whether the activity creates a foreseeable and highlysignificant rrisk of physical harm even when due care is taken

Note - this is the central defining feature for courts

2. gravity of harm resulting from the activity
3. whether the activity is uncommon (not commonly engaged in)
4. if it has great value to the community
5. if the activity is appropriate to the location

Scope of Risk Limitation - only strictly liable for the harm that flows from the risk that made the activity abnormally dangerous

Ex: if explosive truck blows up, then strictly liable; if it runs someone over, then not strictly liable

Airplanes - traditional = strictly liable; modern = apply negligence law

Reserviors - strict liablity for bursting reservoirs

Question 3

Wild Animals

Answer 3

Rule - if species or class is not by custome devoted to the service of mankind int he place where he is being kept, then strictly liable

Domestic Animals - most jurisdictions hold strictly liable if negligent or if you had reason to know of the domestic animal’s dangerous propensities

Owner’s Animals on Another’s Land - owners of non-houeshold pet animals are liable for reasonably foreseeable damage caused by his animals while trespassing UNLESS knew or should have known the household pet is intruding on another’s property.

Plaintiff’s Conduct - P’s contributory negligence may reduce recovery in comparative fault states.

Taunt - if P aware of dangerous propensity of animal and taunts andimal, may be prohibited from recoering under doctrine of assumption of the risk

Question 4

Defenses

Answer 4

1. Contributory Negligence Jurisdictions - not a defense to strict liabilty
2. Comparative Neg. Jurisdiction - comparative neg. should reduce his recover even if strictly liable.
3. Assumption of the Risk - is a complete bar to recoery
4. Statutory Privilege - party performing an essential public service (e.g., constrution of public sewer line) is exempt from strict liablity but may still be liable for negligence