Strict Liability Flashcards
What is Strict Liability?
Liability without fault. Absolute liability.
What are the three areas of Strict Liability?
1) Animals - Trespassory (Farm) Dangerous (Wild) and Domestic
2) Ultrahazardous or Abnormally Dangerous Activities
3) Products Liability (discussed in Products Liability flashcards)
How is Strict Liability applied to Trespassing Animals?
An owner is strictly liable for reasonably foreseeable damage done by trespass of his animals (except dogs and cats).
Trespassing Animals generally refers to what type of animals?
Farm animals
With Trespassing Animals, what types of animals are an exception to Strict Liability? Why are they an exception?
Dogs and cats. They are “base animals” with no value, difficult to restrain, and only result in trivial damage.
Within Trespassing Animals, what are “Fencing-In” statutes?
Defendant is not strictly liable for trespassing livestock if defendant attempts to fence in animals. However, defendant is strictly liable if he does not attempt to fence them in.
Within Trespassing Animals, what are “Fencing-Out” statutes?
If Plaintiff has properly fenced in his land, Defendant will be strictly liable if defendant’s animal breaks in.
Within Trespassing Animals, what is the “Taking Livestock to Market” statute?
When livestock, during transport, stray off the road and trespass onto plaintiff’s property.
Within Trespassing Animals, what are the two conditions around “Taking Livestock to Market” that impact Strict Liability?
1) If defendant’s livestock strays from public road onto plaintiff’s private property bordering the public road, defendant will not be strictly liable. 2) If defendant’s livestock strays from public road onto plaintiff’s private property that is not bordering the public road, the defendant will be strictly liable.
Within Personal Injuries, how is Strict Liability applied to Dangerous (Wild) Animals?
Owner is strictly liable for injuries caused by dangerous animals as long as the injured person did nothing to bring about injury.
Within Personal Injuries, does Strict Liability for Dangerous Animals include Domestic Animals?
A Domestic Animal becomes a dangerous animal, in the same category as wild animals, if the animal has dangerous or vicious propensities known to the owner.
Within Personal Injuries, what is the general rule for owner liability with regard to Domestic Animals? What is the exception?
1) Owner is not strictly liable for injuries caused by non-dangerous domestic animals, however 2) Owner is strictly liable if he has knowledge of the particular animals “vicious propensities.”
Within Personal Injuries, is Strict Liability for Animals available to Trespassers?
No
For those performing Ultrahazerdous or Abnormally Dangerous Activities, what are the three conditions that must be present to satisfy Strict Liability?
Activity must 1) involve risk of serious harm to persons (or property) 2) be one that cannot be performed with complete safety no matter how much care is taken 3) be one that is not a commonly engaged-in activity in the particular community.
Within Ultrahazerdous or Abnormally Dangerous Activities, when determining Strict Liability, what will some courts consider with regard to the value and location of the activity?
1) The value of the activity 2) The appropriateness of the location
