Strict Liability (Liability without fault) Flashcards
What elements must be shown for a prima facie case of strict liability?
(i) the nature of defendant’s activity imposes an absolute duty to make safe;
(ii) the dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injury; and
(iii) the plaintiff suffered damages to person or property
Is an owner strictly liable for the trespassing of his animals?
Yes, for any foreseeable damages done by a trespass of his animals.
To what types of animals does strict liability attach?
Wild animals.
To whom is an owner of wild animals strictly liable to?
Licensees and invitees for injuries caused by the wild animals.
Is an owner strictly liable for domestic animals?
No, unless he knows of that particular animal’s dangerous propensities that are not common to the species.
Is strict liability available to trespassers?
No, in the absence of owner negligence.
When is an activity abnormally dangerous?
(i) The activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and
(ii) the activity is not a matter of common usage in the community
What is the scope of the duty owed for strict liability?
Absolute duty to make safe the normally dangerous characteristic of the animal or activity. It is owed to all foreseeable plaintiffs.
Is contributory negligence a defense to strict liability?
It is not if plaintiff has failed to realize the danger or guard against it. It is a defense if plaintiff knew of the danger and his unreasonable conduct was the very cause of the harm from the wild animal or abnormally dangerous activity.
What is a good defense to strict liability?
Assumption of risk.
What do comparative negligence states do regarding strict liability?
Most, apply comparative negligence the same to strict liability.
