Strict Liability

Question 1

Animals

Answer 1

GR: an owner or keeper of WILD animals will be strictly liable for any harm caused by animal’s dangerous propensities

Question 2

Animals: Domestic vs Wild

Answer 2

Domestic:

• no strict liability unless D has knowledge
• for bees/pitbulls, presumed to know

Wild:
-harm must be from dangerous propensities

Question 3

Ultrahazardous

Answer 3

GR: One who maintains an abnormally dangerous activity may be liable despite exercise of reasonable care

*AR is a defense

Question 4

Ultrahazardous: Elements

Answer 4

• Activity involves serious risk of harm (acid, blasting, toxic chemicals, radiation)
• D UNABLE to eliminate risk even with reasonable care
• Activity UNCOMMON in area where carried out

Then ultrahazardous

Then:

• balance (danger vs value to community)
• causation
• damages (harm anticipated by activity)