Strict Liability

Question 1

Types of strict liability claims

Answer 1

1. injuries caused by animals
   a. domesticated: no SL
   b. wild animals: SL
2. Abnormally dangerous activities
   a. must create foreseeable risk of serious harm even when reasonable care is exercised
   b. Activity can’t be common to the area
3. SL for products
   a. D is a merchant
   b. manufacturing defect
   c. design defect (HAD must be economical, practical, and safer)

Question 2

Affirmative defenses to SL claim

Answer 2

Comparative responsibility: any misconduct and P will have damages reduced