Strict Liability

Question 1

Required Elements for Strict Liability

Answer 1

Defendant’s activity imposes an abolsute duty to make safe AND dangerous aspect was the actual and prximate cause of plaintiff’s injury AND plaintiff suffered damage to person or property

Question 2

Liability for Trespassing Animals

Answer 2

Owner is strictly liable for reasonably foreseeable damage done by trespass of his animals

Question 3

Strict Liability for Wild Animals

Answer 3

An is strict liable to licensees, and invitees for injuries caused by wild animals

Question 4

No Strict Liability for Domestic Animals

Answer 4

Owner not strictly liable for injuries caused by domestic animal UNLESS he has knowledge of that particular animal’s dangerous propensities that are NOT COMMON to the species.

Question 5

Strict Liability Not Available to Trespassers

Answer 5

Strict liability is generally not imposed in favor of trespassers in the asbence of the owner’s negligence.

landowner may be liable for intentional tort grounds for injuries inflicted by vicious watchdog.

Question 6

Abnormally dangerous activity

Answer 6

Activity that creates foreseeable serious harm even when reasonable care is exercised by all actors AND the activity is not a matter of common usage in the community.

Question 7

Defenses to Strict Liability

Answer 7

Assumption of the Risk, Comparative negligence is no defense if plaintiff failed to realize danger or guard against it. Comparative negligence applies