Strict Liability

Question 1

PF case of SL

Answer 1

Nature of D’s activirty must impose an absolute duty to make safe, the dangerous aspect of the activity must be the actual and proximate cause of P’s injury, and P must have suffered damage to person or prop

Question 2

SL for Animals

Answer 2

SL for TP of animals as long as it was reasonably foreseeable
Wild animals: SL
Domestic animals: No SL unless owner has knowledge of animal’s dangerous propensities that exceeds danger of normal domestic animal

Question 3

TP’s ability to recover for animal injury

Answer 3

SL is not imposed in favor of undiscovered TPs; must show negligence
Exception: vicious watchdog: this is an intentionaluse of force likely to cause serious bodily harm; may be liable even to TPs for injuries

Question 4

Abnormally Dangerous Activities

Answer 4

An activity is an ADA if it involves a substantial risk of serious harm to person or prop even when reasonable care is exercised AND it is not a matter of common usage in the community