STRICT LIABILITY

Question 1

PRIMA FACIE CASE

Answer 1

nature of D activity imposes an absolute duty to make safe
dangerous aspect of the activity is the actual and proximate cause of injury
damage suffered to person or property

Question 2

LIABILITY FOR ANIMALS- wild animals

Answer 2

STRICT LIABILITY period

Question 3

LIABILITY FOR ANIMALS- domesticated animals

Answer 3

not strictly liable unless owner has knowledge of that particular animal’s dangerous tendencies.
- intentional use of vicious watch dogs: landowner may be liable even to trespasser if he keeps a vicious watchdog on property to protect against intruders, that he knows is likely to cause serious bodily harm.

Question 4

ABNORMALLY DANGEROUS ACTIVITIES

Answer 4

involves substantial risk of serious harm to person or property even when reasonable care is exercised.
Test:
- the activity must create a foreseeable risk of serious harm even when reasonable care is exercised AND
- the activity is not a matter of common usage in the community.

Question 5

EXTENT OF LIABILITY

Answer 5

only liable to foreseeable plaintiffs
harm must result from normally dangerous propensity: harm must result from the kind of danger to be anticipated from the dangerous animal or abnormally dangerous activity.

Question 6

DEENSES

Answer 6

Contributory negligence: no defense if the plaintiff simply failed to realize the danger or guard against its existence. Is a defense if knew of the danger and his unreasonable conduct was the very cause of the harm from the animal or abnormally dangerous activity.
comparative negligence: is applied the same as is in negligence.