Strict Liability Flashcards
Abnormally Dangerous Activity
An activity is abnormally dangerous if its presents an unavoidable risk of harm that cannot be eliminated even by the exercise of the utmost care. Strict liability is imposed for an abnormally dangerous activity that 1) creates a foreseeable and high risk of serious harm AND 2) is not a matter of common usage in the area. The most common examples include blasting and storing explosives
1) Some courts, and the 2nd restatement, list a set of factors to be considered in determining whether an activity is abnormally dangerous. They include: 1) the gravity and likelihood of harm 2) whether the harm can be avoided by the use of reasonable care 3) the location of the activity and whether it is common in the area AND 4) the value of the community
Wild Animals
Strict liability is imposed on those who keep wild animals on their property i.e. chimpanzee.