strict liability

Question 1

3 general situations

Answer 1

dangerous activities
animals
defective products

Question 2

abnormally dangerous activities

Answer 2

held strictly liable for injuries/damage IF HARM is the kind that makes the activity dangerous in the first place

abnormally dangerous =

1. foreseeable and highly significant risk of physical harm, even when reasonable care is exercised
2. activity is not commonly engaged in

Question 3

Wild animals

Answer 3

strictly liable for harm done by the animal IF the harm ARISES from a DANGEROUS PROPENSITY that is characteristic of a wild animal or injuries caused by fearful reaction

Question 4

domestic animals

Answer 4

strictly liable for injuries if know/has reason to know animal’s dangerous propensities

Question 5

trespassing animals

Answer 5

wild or domestic - strictly liable for any reasonably foreseeable damage caused by animal trespassing

ONLY applies to house pets if owner knows or has reason to know the dog or cat is intruding on property in a way that has a tendency to cause substantial harm

Question 6

Defenses to strict liability

Answer 6

assumption of the risk - bars recovery!!