Strict Liability

Question 1

Strict Liability in General

Answer 1

Under strict liability, D will be liable no matter how careful they were

Question 2

Strict Liability Categories

Answer 2

DAD

1) Dangerous Activities (abnormally
(2) Animals
(3) Defective products

Question 3

Abnormally Dangerous Activities

Answer 3

D engaged in an abnormally dangerous activity will be held strictly liable for personal injuries and property damage caused by the activity, regardless of precautions taken to prevent the harm

Question 4

Abnormally Dangerous Activities: Scope of Liability

Answer 4

D is liable for the harm that flows from the risk that made the activity abnormally dangerous

Question 5

Animals: Wild Animals

Answer 5

Animals not customarily kept in service of humankind

Owners are strictly liable for the harm arising from the animal’s DANGEROUS PROPENSITIES

Question 6

Animals: Domestic Animals

Answer 6

Owner strictly liable for injuries if knows or has reason to know of DANGEROUS PROPENSITIES and HARM RESULTS

Question 7

Animals: Trespassing Animals

Answer 7

Owner of any animal strictly liable for REASONABLY FORESEEABLE damage caused by animal while trespassing on another’s land

Question 8

Animals: Animals on Public Roadways

Answer 8

Negligence standard applies

Question 9

Defense to Strict Liability

Answer 9

Assumption of Risk

Complete bar to recovery

Question 10

Contributory Negligence

Answer 10

Does NOT bar recovery

Question 11

Comparative Negligence

Answer 11

Does NOT bar recovery

May diminish recovery