Strict Liability

Question 1

Animals

Answer 1

Owners and possessors of livestock and wild animals are strictly liable for the harm caused by the animals, including both property damages and personal injury.

Plaintiff’s showing:

(1) defendant owned
(2) a wild animal
(2) that caused harm to plaintiff of a kind caused by the wildness of the animal

Question 2

Abnormally Dangerous Activities

Answer 2

Elements of strict liability as applied here are:

(1) carrying on of an abnormally dangerous activity
(2) which causes harm
(3) the risk of which makes the activity abnormally dangerous

Question 3

What Constitutes an Abnormally Dangerous Activity

Answer 3

When considering if something is abnormally dangerous, these factors are most improtant:

(1) a high degree of risk or harm
(2) the gravity of the harm, and
(3) the inability to eliminate the risk by using reasonable care.