Strict Liability Flashcards
Re: SL
List 6 Factors in determining “abnormally dangerous” activity
- High degree of risk is present
- Resulting harm likely to be serious
- Reasonable care will not eliminate the risk
- Activity is uncommon
- Place where activity is carried out is inappropriate
- Danger outweighs the activity’s value to the community
Re: SL
Are owners liable for damage caused by the trespass of their animal?
Yes.
Re: SL
Are owners liable for damage caused by the trespass of their animal when the owner had taken reasonable steps to prevent such a trespass?
Yes.
When are owners strictly liable for damage caused by a non-trespassing?
An owner is liable when the non-trespassery damage is cause by a dangerous animal the owner keeps.
Re: wild animals
When is an owner liable for the damage resulting from their wild animal?
The owner is liable as long as the damage results from a “dangerous propensity” that is typical of that species.
Re: Domestic animals
When is an owner liable for the damage resulting from their domesticated animal?
The owner is liable when he/she knows or has reason to know of the animals dangerous characteristics.
Re: SL Abnormally Dangerous Activities
What is the general rule?
A person is strictly liable for any damage which occurs while he is conducting an abnormally dangerous
What is the single most important factor when determining if an activity is abnormally dangerous?
The most important factor is that the activity is one which cannot be carried out safely, even with the exes ice of reasonable care.
Re: SL
List Examples of activities that are generally held to be abnormally dangerous
- Nuclear Reactor
- Storage/Use of Explosives
- Conducting of crop dusting or spraying
- Airplane accidents resulting in ground damage
Re: SL
What is the scope?
Strict liability only applies where the damage is the result of the kind of risk that made the activity abnormally dangerous.
Re: SL
Will a defendant be liable to the plaintiff where the plaintiff was injure due ti the defendant’s abnormally sensitive conduct?
No.
Re: SL
Will ordinary contributory negligence by the plaintiff, bar her from recovery?
No.
Re: SL
Is AoR a defense?
Yes. If the plaintiff knowingly and voluntarily subjects herself to the danger.
Re: SL
Do workers’ compensation statues prevent the worker from suing a third party?
No.
Re: SL
What is the sole remedy available to an injured worker?
Workers’ compensation
