Strict Liability Flashcards

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1
Q

Strict Liability (SL)

What are the Strict Liability General Elements?

A

SL

Strict Liability General Elements—D’s activities impose absolute duty to make safe, Breach of duty, Actual and proximate cause, and damages to person or property.

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2
Q

SL

  • Ultra Hazardous/ADA is defined as?
A

SL

  • Ultra Hazardous/ADA is defined as? An ADA or ultrahazardous activity is:
  • 1) not of common usage and
  • 2) creates a highly significant foreseeable risk of physical harm even when reasonable care is exercised (i.e. cant’ be performed safely no matter how much care is exercised).
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3
Q

SL

  • Wild Animals. When is D liable for Ps Injuries?
A

SL

  • Wild Animals. When is D liable for Ps Injuries?—D is liable for injuries caused by wild animal if P’s injuries are 1) unprovoked, and 2) caused by animal’s foreseeable dangerous propensities or characteristics.
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4
Q

What is a Wild Animal?

A

What is a Wild Animal? Wild animals are those that are naturally:

ferocious,

unpredictable,

dangerous,

mischievous, OR

not by custom devoted to the service of mankind where they are kept.

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5
Q

Trespassing Animals-when is there strict liability (not just wild)?

A

Trespassing Animals-when is there strict liability (not just wild)? D is strictly liable for reasonably foreseeable harm to licensees and invitees (not undiscovered trespassers) caused by trespassing animals.

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6
Q

Is D strictly liable for domesticated pets?

A

Is D strictly liable for domesticated pets?

There is NO strict liability for domesticated pets but may be liable for negligence if

1) D knows/should know of animals dangerous propensity, AND
2) that harm is caused by dangerous propensity.

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7
Q

Is (AOR) Assumption of Risk a defense to Strict Liability?

A
  1. Is (AOR) Assumption of Risk a defense to Strict Liability? Yes AOR is a good defense to strict liability and bar recovery if: 1) P knew of risk and 2) voluntarily assumed it
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8
Q
  1. Is Contributory Negligence a defense to Strict Liability?
A
  1. Is Contributory Negligence a defense to Strict Liability? Contributory negligence is not a defense to Strict Liability in a contributory negligence jx. However, in a comparative fault jx, comparative fault will reduce recovery by a percentage.
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9
Q
  1. Is Comparative Negligence a defense to Strict Liability?
A
  1. Is Comparative Negligence a defense to Strict Liability? Yes, in comparative negligence states.
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