Strict Liability Flashcards
Prima Facie Case:
Nature of D’s activity imposes ABSOLUTE duty to make safe;
Dangerous aspect of activity was the ACTUAL and PROXIMATE cause of P’s injury; and
P suffered DAMAGE to person or property.
Trespassing Animals
Owner SL for reasonably foreseeable damage done by trespassing animals.
Wild Animals (personal injury)
SL to licensees and invitees for injuries caused by wild animals. (even if it’s a pet)
Domestic Animals (personal injury)
NOT SL for injuries caused by domestic animals (including farm animals).
Exception: Owner has knowledge of propensity for viciousness that’s not common in the species.
*normally dangerous characteristics of domestic animals are NOT actionable (bulls; honeybees)
Strict liability for trespassers
NOT available for trespassers in the absence of owner’s negligence.
Landowner may be liable on intentional tort grounds for injuries inflicted by vicious watchdogs. (ex: setting a trap is unreasonable force to defend property)
Abnormally Dangerous Activities (Def:)
Activity must create foreseeable risk of serious harm even when reasonable care is exercised by all actors; AND
Activity is NOT a matter of common usage in the community.
Ex: blasting; manufacturing explosives; stirring deadly chemicals; crop dusting; fumigating
*NOTE: Reasonable care does NOT excuse liability here!
Limitations on Liability
Harm MUST result from the normally dangerous characteristics of the activity. (includes harm from fleeing from perceived danger)
- If the kind of danger the foreseeable P suffered is NOT anticipated, then P does NOT recover.
(ex: dynamite truck suddenly blows tire and hits a pedestrian but doesn’t explode)
Contributory Negligence Defense
Contributory negligence is NO DEFENSE if P failed to realize danger or guard against it.
Exception:
BUT if P knew of danger and P’s unreasonable conduct was very cause of the harm from wild animal or abnormally dangerous activity then IT IS A DEFENSE.
AOR Defense
AOR is a good defense to SL!
