Strict Liability

Question 1

Private Nuisance

Answer 1

1. Private - Substantial and unreasonable interference with another’s use or enjoyment of his land
   • Interference must be intentional, negligent, reckless, or result of abnormally dangerous conduct
   • Substantial interference - offensive to average reasonable person in the community
   • Unreasonable interference - outweighs usefulness of the action

Question 2

Public Nuisance

Answer 2

Conduct that causes physical or moral harm to the public in general.
A private plaintiff can maintain a public nuisance action if he suffers injury different in nature from the rest of the community.

Question 3

Strict Liability - Prima Facie Case

Answer 3

1) Nature of D’s activity imposes absolute duty to make P or his property safe
2) Dangerous aspect of the dangerous activity was actual and proximate cause of P’s injury
3) Damages

Question 4

S/L Abnormally Dangerous Activities

Answer 4

1. Not commonly engaged in; inherent, foreseeable, and highly significant risk of harm (look to gravity of harm, inappropriateness of place, limited value of activity)
2. S/L limited to harm expected from activity

Question 5

S/L Wild Animals

Answer 5

• Owner is S/L for harm done by wild animal despite owner’s precautions to prevent harm, as long as: o P didn’t knowingly cause injury
o Harm arises from dangerous propensity of animal about which owner has reason to know
• Owner not S/L to undiscovered trespasser except for injuries by vicious watchdog
• Owner S/L for reasonably foreseeable damage caused by trespassing animal

Question 6

S/L Domestic Animals

Answer 6

Owner S/L for injuries if knows or has reason to know of dangerous propensities and harm results
• Owner S/L for reasonably foreseeable damage caused by trespassing animal

Question 7

Defenses to S/L

Answer 7

1. Contributory negligence not a defense in traditional contributory negligence jurisdictions - does not bar recovery
2. Contributory negligence does reduce P’s recovery in comparative fault jurisdictions under a S/L claim (majority)
3. Assumption of Risk—bars recovery
4. Statutory privilege—no S/L for essential public services

Question 8

Products Liability (Categories of Defects)

Answer 8

1. Manufacturing Defect - Product is in an anomoly, and the difference between the product in hand and all others is what caused it to be defective.
2. Design Defect - Common to each unit that seller could’ve eliminated through reasonable alternative design.
3. Warnings or Instructions Defect.