Strict Liability - Causes of Actions Flashcards
Trespassing Animals
an owner of an animal is strictly liable for the animal’s trespass on another land and for any damages caused by the trespass
Wild Animals
the owner of a wild animal is strictly liable to all except trespassers on their land, even if they have exercised care to confine and prevent harm
Domestic Animals
The owner is strictly liable for domestic animals that the owner knew or should have known was vicious, even if the owner exercised reasonable care
Non-Natural Uses
A person is strictly liable for all damage flowing from his actions if it is a non-natural use of the land, even if that person exercised due care
Abnormally Dangerous Activities
one who carries out an abnormally dangerous activity is strict liable for any harm caused to another, even if he has exercised due care. 6 factors must be weighed:
1. high degree of risk
2. high magnitude of harm
3. reasonable care could not have prevented it
4. if it is not common or natural
5. if it is inappropriate to the location
6. if the value of the activity to the community is high