Strict Liability

Question 1

What is strict liability?

Answer 1

(aka - absolute liability or liability w/out fault)

Imposed liability regardless of D’s intent and whether D was negligent

Question 2

What are the three major contexts for strict liability?

Answer 2

1 - Animals
2 - Abnormally dangerous activities
3 - Personal injuries caused by defective products

Question 3

For animals, on whom is liability imposed on?

Answer 3

The owner or anyone who keeps, possesses, or harbors the animal

Question 4

How to courts determine whether an activity is “abnormally dangerous” or “ultra-hazardous”?

Answer 4

Courts consider six factors:

1 - high degree of risk of harm
2 - harm is likely serious
3 - risk can’t be eliminated with reasonable care
4 - activity is not common
5 - activity is not appropriate for place it happened
6 - the danger outweighs the activity’s value to the community (check state law!)

Question 5

What are the limitations for strict liability?

Answer 5

• Scope of risk: there is strict liability ONLY for damages that results from the “kind of risk” that made the activity abnormally dangerous
• No strict liability if harm wouldn’t have happened if it weren’t for the abnormally sensitive activity by P
• No strict liability when P’s harm results from “act of God”

Question 6

What is a defense to strict lability?

Answer 6

Assumption of risk