Strict Liability Flashcards
Define domestic animal
A domestic animal is an animal that is by custom devoted to the service of mankind at the time and in the place in which it is kept.
Abnormally Dangerous Domestic Animals
A possessor of a domestic animal that he knows or has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm done by the animal to another, although he has exercised the utmost care to prevent it from doing the harm.
This liability is limited to harm that results from the abnormally dangerous propensity of which the possessor knows or has reason to know.
Liability for Trespass By Livestock
A possessor of livestock intruding upon the land of another is subject to liability for the intrusion although he has exercised utmost care to prevent them from intruding.
The liability extends to any harm to the land or its possessor or a member of his household, or their chattels, which might reasonably be expected to result from the intrusion of livestock.
The liability DOES NOT extend to harm:
Not reasonably expected from the intrusion
Done by animals straying onto abutting land while driven on the highway, or
Brought about by the unexpectable operation of a force of nature, action of another animal, or intentional, reckless, or negligent conduct of a third person.
A possessor of land who fails to erect and maintain a fence required by the applicable common law or by statute to prevent the intrusion of livestock, can not recover.
Define wild animal
A wild animal is an animal that is not by custom devoted to the service of mankind at the time and in the place in which it is kept.
What is an owner’s liability for a wild animal?
A possessor of a wild animal is subject to liability to another for harm done by the animal to the other, his person, land or chattels, although the possessor has exercised the utmost care to confine the animal, or otherwise prevent it from doing harm.
This liability is limited to harm that results from a dangerous propensity that is characteristic of wild animals of the particular class, or of which the possessor knows or has reason to know.
What if there is an act of God or nature? - Animals
The possessor of a wild animal or an abnormally dangerous domestic animal IS subject to strict liability for the resulting harm, although it would not have occurred but for the unexpectable
(a) Innocent, negligent, or reckless conduct of a third person, or
(b) Action of another animal, or
(c) Operation of a force of nature
Rylands Rule Strict Liability for Non-Natural Uses of Land
D will be held liable when he damages another by a thing or activity unduly dangerous and inappropriate to the place where it is maintained, in the light of the character of that place and its surroundings. (non-natural doesn’t mean man-made, but the custom of the community
Current Rule for Abnormally Dangerous Activities
One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm.
This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.
List the factors used to determine whether an activity is abnormally dangerous:
existence of a high degree of risk of some harm to the person, land, or chattels of others;
likelihood that the harm that results from it will be great;
inability to eliminate the risk by the exercise of reasonable care;
extent to which the activity is not a matter of common usage;
inappropriateness of the activity to the place where it is carried on; and
extent to which its value to the community is outweighed by its dangerous attributes.
