Strict Liability

Question 1

STRICT LIABILITY

Answer 1

Animals

1. Roaming animals
2. Wild animals
3. Domestic animal

B. Activities
Rylands v. Fletcher
Restatement 2nd & 3rd

Question 2

Strict liability

ANALYTICAL FRAMEWORK

Answer 2

STEP 1: Are Strict Liability Animals or
Strict Liability Activities involved?

STEP 2: Is the type of harm w/in the
INHERENT RISK posed by the
animal or activity?

STEP 3: Is there CAUSATION?

STEP 4: Does D have any DEFENSES?

Question 3

ROAMING ANIMALS

Answer 3

In general keepers of roaming
animals are strictly liable for
harms that their animals cause

Exceptions:
Dogs & Cats
Livestock straying from highways
Statutory reforms

Question 4

Wild v. Domestic Animals

Answer 4

Inherent nature of species (untamable v. tamable)

in services to humans in locale (customarily kept or not)

Question 5

DOMESTIC ANIMALS

Answer 5

Keepers of domestic animals
ordinarily not subject to S/L

Unless keeper knew or had reason to know of a dangerous propensity

Unless statutory exception applies

Question 6

strict liability activities

Answer 6

Rylands v. Fletcher (English rules)

Abnormally Dangerous Activities RS (2nd) Torts (majority)

Question 7

Rylands v. Fletcher

Answer 7

House of Lords (Cairns):
Strict liability applies to “non-natural”
uses of property that cause P damage

  Exchequer Chamber (Blackburn):
   Strict liability applies to persons who for their own purposes bring on to their land  & keep there “any thing likely to do mischief if it escapes”

Strict liability applies to “non-natural”
uses of property that cause P damage

Non-natural
Human alteration
Other than customary uses

Question 8

Restatement 2nd Section 519

Answer 8

“One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity”

“Although he has exercised the utmost care to prevent the harm”

Question 9

Factors for Determining

Abnormally Dangerous Activities

Answer 9

High Risk of Some Harm ( probability)
  Likelihood of Great Harm ( magnitude)
  Inability to Eliminate Risk w/ Reasonable Care  
  Uncommon Usage 
  Inappropriate Location 
  Value to Community Outweighed by
      Danger of Activity

Question 10

ABNORMALLY DANGEROUS ACTIVITIES

Answer 10

Dynamite blasting 
  Toxic chemical storage
  Pile driving
  Crop dusting (jurisdictional splits)
  Fumigation (poisonous gas)
  Rocket testing
  Firework displays (jurisdictional splits)
  Hazardous waste disposal
  Storage of large quantities of water

Question 11

Foster v. Preston

Mill Co.

Answer 11

INHERENT RISK RULE

“Strict liability should be confined to consequences which lie w/in the extraordinary risk whose existence calls for such responsibility.”