Strict Liability

Question 1

What are the generic elements of a prima facie case for strict liability?

Answer 1

(1) plaintiff had an absolute duty to make safe
(2) the dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injury
(3) damages

Question 2

What is an owner’s liability for wild animals?

Answer 2

Owners are strictly liable for injuries caused by wild animals (no matter whether they exercised due care)

Question 3

What is an owner’s liability for domestic animals?

Answer 3

Owners do not have strict liabilities for the injuries of domestic animals (including farm animals) unless they have knowledge of that particular animal’s dangerous propensities (“one bite rule”).

Question 4

What are wild or dangerous animal owner’s liabilities by category of entrant?

Answer 4

They are strictly liable to licensees and invitees but trespassers must prove negligence.

Question 5

What is the public duty exception?

Answer 5

Zookeepers and landowners with a public duty to keep the animals do not have strict liability. Negligence must be proven.

Question 6

What is a defendant’s liability for abnormally dangerous activities?

Answer 6

Strict liability for activities (1) involving a foreseeable risk fo serious harm even where due care is exercised and (2) are not a matter of common usage in the community. Ex: blasting, explosives, crop dusting, fumigating.

Question 7

What is the extent of strict liability?

Answer 7

Only to foreseeable plaintiffs harmed by the danger anticipated from the normally dangerous propensity of the thing involved. Must have proximate cause.