Strict Liability Flashcards
What are the elements of strict liability?
1) the nature of the defendant’s activity imposes an absolute duty to make safe; 2) the dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injury; and 3) the plaintiff suffered damage to person or property.
Is an owner of animals liable for trespass by his animals?
yes. An owner of animals is strictly liable for reasonably foreseeable damage done by a trespass by his animals.
To whom is a owner liable for injuries caused by wild animals?
an owner is liable to licensees and invitees for injuries caused by wild animals, including those kept as pets.
When is an owner liable for injuries caused by domestic animals, including farm animals?
an owner is not strictly liable for injuries caused by domestic animals unless* he has knowledge of that particular animal’s propensities that are not common to the species.
Is an owner strictly liable for injuries caused by normally dangerous animals?
no. The owner is not *strictly liable for injuries caused by normally dangerous animals.
For an activity to be an abnormally dangerous activity, what must be shown?
1) the activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and 2) the activity is not a matter of common usage in the community.
If a defendant exercises a reasonable level of care, is he still liable under strict liability?
yes. No level of care can prevent him from being held liable under strict scrutiny.
In strict liability, a defendant’s liability extends to what kind of plaintiffs?
all foreseeable plaintiffs.
Where someone is hurt while fleeing from the perceived abnormally dangerous activity, is the defendant liable?
yes
Where someone is harmed by something that is considered an abnormally dangerous activity, but not in the manner commonly associated with that activity, is the defendant liable?
No
What is the best defense to strict liability?
assumption of the risk
What are the elements of strict product liability?
1) commercial supplier; 2) production or sale of defective product; 3) actual and proximate cause; and 4) damages.
Where a plaintiff cannot establish that more than one commercial supplier was negligent in their production of their product, can the plaintiff rely on the alternative sources theory of joint and several liability?
no
What alternative theory should you keep in mind with regards to products liability?
implied warranty of merchantability.
