Strict Liability Flashcards
Strict Liability (SL)
What are the Strict Liability General Elements?
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.
SL
- Ultra Hazardous/ADA is defined as?
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).
SL
- Wild Animals. When is D liable for Ps Injuries?
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.
What is a Wild Animal?
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.
Trespassing Animals-when is there strict liability (not just wild)?
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.
Is D strictly liable for domesticated pets?
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.
Is (AOR) Assumption of Risk a defense to Strict Liability?
- 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
- Is Contributory Negligence a defense to Strict Liability?
- 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.
- Is Comparative Negligence a defense to Strict Liability?
- Is Comparative Negligence a defense to Strict Liability? Yes, in comparative negligence states.