Strict Liability

Question 1

What is the RULE for SL?

Answer 1

SL is liability without fault. When a court imposes SL on a D, the D must pay damages although the D neither acted intentionally nor failed to live up to the objective standard of reasonable care that traditionally has been at the root of negligence law

• someone suffers harm even though D exercised the utmost care
• NOT L without causation; must be a causal link between what you did and injury that occurred

Question 2

Under SL, does P need to show intent or negligence? Why or why not?

Answer 2

Do NOT need to show intent, negligence

(1) applies no matter what precautions are taken
(2) require proof that the type of harm suffered was caused by a feature of the activity that made the activity abnormally dangerous

Question 3

What are and are NOT DEFENSES to SL? (2)

Answer 3

Contributory negligence is NOT a defense to SL

Assumption of the Risk IS a defense

Question 4

RULE for SL in ANIMALS and state the elements:

Answer 4

Possessors of animals are SL for harm caused by the trespass of their animals to the property of another, L can be imposed on those who keep, possess, or harbor animals, not just the owner.

Question 5

The possessor of a wild animal or an abnormally dangerous domestic animal is subject to SL for the resulting harm, although it would not have occurred but for the unexpected: (3)

Answer 5

(1) Innocent, negligent, or reckless conduct of a 3rd party, OR
(2) Action of another animal, OR
(3) Operation of a force of nature

Question 6

RULE for Trespassing Animals:

Answer 6

Possessors of animals likely to roam and do damage are SL for their trespass

Question 7

When is/is NOT there L for Trespassing Animals? (6) Mention 2 Statutes

Answer 7

(1) Owners are usually L for property damage done by barnyard animals
a. Cattle, horses, sheep, hogs, goats, fowl, turkeys, chickens, etc.

(2) No SL on owners whose domesticated animals have caused harm to another’s property (prove N)
a. Ex. Dogs and cats

(3) Highway Exception - SL does not apply if cattle being driven and escape onto adjacent land
a. Cattle MUST be in transition and being driven

(4) Fencing-In Statute
(5) Fencing-Out Statute
(6) R 511 - the possessor of land is not L when someone intentionally or negligently trespasses upon the land for the harm done by wild or domesticated animals kept on land

Question 8

What does the Fencing-In Statute Require?

Answer 8

(keep your animals in) requiring of the animals to fence them in or otherwise restrain them, SL for any damage when your animals escape fenced lot

Question 9

What does the Fencing-Out Statute Require?

Answer 9

(keeping others animals out) if the P fenced his land properly there is SL when animals break onto property
a. Animals are allowed to roam, but owners are SL if the animals break into the fenced lot of another

Question 10

What is the WILD ANIMAL Rule:

What must you first do?

Answer 10

Landowners are not responsible for harm done by wild animals on their property unless they reduce the wild animal to possession or control or introduce a non-indigenous animal into the area

Must first determine the classification of the animal: is it wild or domesticated?

Question 11

What is WILD ANIMAL defined:

Answer 11

an animal that is NOT by custom devoted to the service of mankind at the time and in the place in which it is kept

Question 12

For what harm is the owner or possessor of a non-domesticated animal subject to SL?

Answer 12

For ALL harm done by the animal as a result of the animal’s dangerous characteristics

Question 13

What are TWO exceptions to the WILD ANIMAL Rule?

Answer 13

(1) No SL for trespasser when there was a warning sign of wild animals
- When displayed to the public like a circus or zoo by legislative permission its negligence and NOT SL
- R 508 - possessor of wild animal is NOT L for harm done after its out of the owner’s possession and returned to its natural state/wild. The animal must be indigenous to the area to be considered returned to the wild

(2) courts have applied a negligence standard rather than a SL with regard to the L of persons who displaces wild animals, ZOO

Question 14

What is another factor to be held in SL?

Answer 14

FEARING

Question 15

What is the Domesticated Animal RULE:

Answer 15

the possessor of an ordinary animal is not SL for harm caused by the animal

Question 16

Define Domestic Animal and animal exceptions:

Answer 16

animal that is by custom devoted to the service of mankind at the time and in the place in which it is kept

exceptions: dogs and cats

Question 17

What is an exception to the Domestic Animal rule:

Answer 17

the owner of a domestic animal is subject to SL only if he knew or had reason to know that the animal had dangerous propensities and the dangerous propensity was the cause of the harm

Ex. Dog that has bitten someone before

Question 18

What is the One-Bite Rule?

Answer 18

There is no one free bite rule before the owner can be held L
- If P was engaged in trespass at the time of the bite, there is NO SL
- Defenses to the dog bite statute
- Statute might say trespass to chattel or trespass to land
If a person is not held SL, we can still prove he was N

Question 19

If P cannot prove the owner knew or should have known of the animal’s dangerous propensities, then…

Answer 19

SL does NOT apply and P MUST prove N

Question 20

What is the Muzzled or Leashed Provision:

Answer 20

if the muzzling of the dog would not have prevented the injury, as where the dog does not bite the P but knocks him down, there is no causal connection between the injury and the violation of the statute, so the P must prove N based on conduct other than violation

Question 21

What is a DEFENSE to the Domesticated Animal Rule?

Answer 21

Assumption of the Risk - P had knowledge of the risk (aware the animal had dangerous propensities), P voluntarily encountered that risk, and causation (P’s conduct resulted in the harm)

Question 22

Are abnormally dangerous activities a question of law or fact?

Answer 22

LAW

Question 23

What is the GENERAL RULE for Abnormally Dangerous Activities and an excuse:

Answer 23

The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape

Excuse: The escape was by the P’s default, or an act of God (natural disaster), then the D is NOT SL

Question 24

When does General Rule for Abnormally Dangerous Activities NOT APPLY?

Answer 24

Rule R 519 does NOT apply where the person harmed by the unpreventable miscarriage of an ultrahazardous activity has reason to know of the risk which makes the activity ultrahazardous and (a) takes part in it, or (b) brings himself within the area which will be endangered by its miscarriage

Question 25

Is the manufacturer considered to be engaged in an ADA merely because the product became dangerous when it is handled or used in some way after it leaves premises?

Answer 25

NO

Question 26

Define Non-Natural Use of Land and its factors (3)

Answer 26

Persons will be held SL for non-natural use of land that causes harm to another

• Non-natural uses that are for the purpose of introducing something that was not naturally on the land.
• MUST KEEP IT MAINTAINED AND KEPT IN

Factors for non-natural use of land:

a. Character of the thing or activity in question
b. Place and manner in which it is maintained
c. Relation to its surroundings

Question 27

Are persons L for natural use of the land that results in damage to his neighbor’s land?

Answer 27

NO

Question 28

Natural Use - define, rule, policy

Answer 28

define: the landowner may use his land for anything in the course of ordinary enjoyment
rule: the person who brings onto his land anything likely to do harm if it escapes, must keep it safe or is otherwise responsible for all damages which is the natural consequence of its escape OR R 520 - one who carries on an ADA is subject to L for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the injury

(Rylands v. Fletcher) – a person who brings on his land anything likely to do mischief if it escapes must keep it in at his own peril, and if he does not, he is SL

policy: if you are going to engage in an activity that has a high probability to cause harm then you should bear the burden

Question 29

Strict Liability is LIMITED to…(and factors to…)(6)

For SL what is the question being asked?

Answer 29

SL is limited to the kind of harm, the possibility of which makes the activity AD;
Factors to determine WHETHER AN ACTIVITY IS AD: (need more than 1 - compares effect of a-d has on e&f):

(a) existence of a high degree of risk of some harm to the person, land, or chattels of others;
(b) likelihood that the harm that results from it will be great;
(c) inability to eliminate the risk by the exercise of reasonable care;
- The easier it is to eliminate the risk of harm through exercise of reasonable care, the less likely the court will classify the activity as AD
(d) extent to which the activity is NOT a matter of common usage;
(e) inappropriateness of the activity to the place where it is carried on; and
(f) extent to which its value to the community is outweighed by its dangerous attributes

ON EXAM - DEFINE ALL FACTORS & APPLY

Strict Liability asks whether the risk created is SO UNUSUAL, either because of its magnitude or because of the circumstances surrounding it, as it justifies the imposition of SL even though the activity is carried out with all reasonable care

Question 30

Ultrahazardous Activity/Inherently Dangerous defined:

What makes it ultahazardous?

Answer 30

inherently dangerous element: an activity that necessarily involves a risk of serious harm to the persons, land or chattels of another which cannot be eliminated by the exercise of the utmost care and is not a manner of common usage

what makes it ultrahazardous?
the risk that property or persons may be damaged or injured by coming into DIRECT contact with flying debris, or by being DIRECTLY affected by vibrations of the earth or concussions of the air

Question 31

Scope of Risk (first element) Damage & Exception

Answer 31

Damage must result from the kind of risk that makes the activity AD - Exception: abnormally sensitive by P (mink owners) - CN is NOT a defense, however, ASSUMPTION OF THE RISK IS if P KNOWINGLY or voluntarily subjects himself to danger

Question 32

Examples of Abnormally Dangerous Activities:

Answer 32

(1) Blasting, transportation and storage of toxic chemicals and inflammable liquids, pile driving, crop dusting, fumigation with toxic gases, testing of rockets, firework displays, operation of plutonium production facilities, operation of hazardous waste disposal sites, operation of oil wells, and storage of large quantities of water and other liquids
(2) Blasting - the damages that result from the blast itself cannot be prevented in all cases with exercise of ordinary care
(3) i.e., HEAVY TRUCK - they are of common usage, though the harm can be great, the likelihood of an accident is no more than that of other vehicles - so the court will NOT impose heavy trucks as SL

(4) In some cases, these activities have NOT been subject to SL
a. Injuries must RELATE to the dangerous propensities of the activity - if the injury does not relate, then it was unforeseeable and cannot hold the person SL

Question 33

LIMITATIONS on STRICT LIABILITY for ADA: (requirements)

Answer 33

• risk of harm opposed by the activity should connect to the harm that is caused
• MUST be within the scope of danger that makes it AD - if does NOT fall within that harm, CANNOT APPLY SP
• SL is NOT used to protect against harms incident to P’s extraordinary and unusual use of land
• Abnormally Sensitive Activity by Plaintiff: D will NOT be –L for his ADA if the harm would NOT have occurred except for the fact that the P conducts ASA (Manners of the Harm)
• D will usually be relieved of L if an unforeseeable cause intervenes, even though the damage is of the same nature as that which made the exactivity extraordinarily dangerous: unanticipated acts of God, acts of third parties

Question 34

Assumption of the Risk Defense; Elements: (3)

Answer 34

Assumption of the Risk:

(1) P had knowledge that some risk was involved
(2) P voluntarily encountered that risk or put himself in the way of harm
(3) causation - P’s conduct actually resulted in the harm

Question 35

SL DEFENSES for ADA: (4)

Answer 35

1 - Assumption of the Risk
2 - Balancing the Interests
3 - Common Usage
4 - Legal Sanctions

Question 36

POLICY (SL ADA)

Answer 36

The D’s enterprise is required to pay its way by compensating for the harm it causes because of its special, abnormal and dangerous character