Strict Liability

Question 1

Strict Liability

Answer 1

D is liable for injuring P regardless of whether D exercised due care. P does not have to show proof of fault.

Question 2

Strict liability for possession of animals

Answer 2

Wild Animal:
If D keeps a wild animal and P gets injured because it does something characteristic of that animal, D is strictly liable no matter how unforeseeable the harm.

Domestic Pet:
One free bite. Not liable unless on notice of danger.

Question 3

What makes an activity abnormally dangerous?

Answer 3

Abnormally dangerous when:

(1) There is a high risk of serious harm to others
(2) D cannot engage in the activity without risk, and cannot eliminate the risk with care
(3) It is not a commonly undertaken activity in the community

Question 4

Strict liability for abnormally dangerous activities

Answer 4

P can recover absent proof of fault as long as D was involved and the activity caused the harm.

P must be injured by the risk that makes the activity dangerous.

Question 5

Defenses to strict liability

Answer 5

Contributory Negligence - D generally can NOT raise this defense with strict liability.
EXCEPT:
If P knew of the danger that justified imposition of strict liability and his contributory negligent action caused exactly that danger to manifest. P could be said to have assumed the risk in this instance and P will be completely barred from recovery.