Strict Liability (Liability without fault)

Question 1

Domesticated Animals

Answer 1

An owner is not strictly liable for injuries caused by domestic animals (including farm) unless they are aware of the dangerous propensities of the specific animal that are not common to the species.

Question 2

Trespassing Animals

Answer 2

Owner is strictly liable for reasonably foreseeable damage done by a trespass of his animals.

Question 3

Wild animals

Answer 3

An owner is strictly liable to licensees and invitees for injuries caused by wild animals (even those kept as pets)

Question 4

two requirements for finding an activity abnormally dangerous:

Answer 4

must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors

activity is not a matter of common usage in the community

Question 5

to find products liability under a strict liability theory, plaintiff must show:

Answer 5

• defendant is a merchant
• product is defective
• product was not substantially altered since leaving defendant’s control
• plaintiff was making a foreseeable use of the product when the injury happened

Question 6

What is a manufacturing defect?

Answer 6

If a product comes out of manufacturing differently and more dangerously than the products that were made properly

defendant liable if the plaintiff can show that the product failed to perform as safely as an ordinary buyer would anticipate

Question 7

design defect?

Answer 7

When all products of a line are the same but have dangerous propensities, they may be found to have a design defect.

Question 8

Affirmative Defenses

Answer 8

In contributory negligence states, contributory negligence is no defense if the plaintiff has failed to realize the danger or guard against it.