Strict Liability Flashcards
What elements must be shown for strict liability?
For a strict liability case, the following elements must be shown:
(1) the nature of the defendant’s activity imposes an absolute duty to make safe;
(2) the dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injury; and
(3) the plaintiff suffered damage to person or property.
When is an animal owner strictly liable for their animal?
Bites: An owner is strictly liable for harm done by a domestic animal only if he knows or has reason to know of the animal’s vicious tendencies.
Property Damage: An owner is strictly liable for reasonably foreseeable damage done by a Trespass of his animals (except for household pets).
Wild Animals: An owner is strictly liable if he owns a wild animal that caused harm to the plaintiff of the kind caused by the wildness of the animal.
What is an Abnormally Dangerous Activity?
An activity is abnormally dangerous where:
(1) the activity creates a foreseeable risk of serious harm even when reasonable care is exercised by all; and
(2) the activity is not a matter of common usage in the community.
What are the Defenses to Strict Liability?
The following are good defenses to strict liability:
(1) assumption of the risk, and
(2) comparative negligence.
However, contributory negligence is generally not a valid defense.
