Strict Liability

Question 1

Injury caused by animal?

Answer 1

Domesticated or wild?

Domesticated: not strictly liable, UNLESS you are aware of your domesticated animal’s vicious propensities (knowledge if dog has bitten someone before); BUT never SL for trespassers on property, even if you have knowledge
NY QUALIFICATION: if injury has to do with belligerent or aggressive animal, can only use SL theory so can only win if you knew if vicious propensity. If theory is something else, can still use negligence

Wild: SL: no matter how many safety precautions you take

Question 2

Abnormally dangerous activities?

Answer 2

any activity that meets this test:

1) creates foreseeable risk of serious farm even when reasonable care is exercised
2) activity is not a matter of common usage in the community

No amount of reasonable care on part of D will relieve him of liability for abnormally dangerous activities (or for any SL injuries)

Question 3

To whom is duty owed?

Answer 3

to all foreseeable Ps