Strict Liability (might need beefing l8r) Flashcards
∆ is held liable even though he did not intend to bring about the undesirable result, and even though he behaved with utmost carefulness.
∆ engagement in activity in Strict liability substitutes for
duty and breach
An activity is abnormally dangerous if
(1) the activity creates a (2) foreseeable, (3) highly significant risk of physical harm, (4) even when reasonable care is exercised by all actors
Domestic Animals (SL)
Common Law: No strict liability.
Under Restatement 3rd, A domesticated animal will fall into the “wild animal” category for strict liability claims when
the owner has knowledge of its vicious propensities
Indiana Harbor Belt
Class of activity must be dangerous, not merely the product
Fletcher v Ryland
a person who lawfully brings something onto his land that, if escapes, is capable of
harming, is strictly liable for any harm occurring as a natural consequence of the
escape.
Turner v. Big Lake Oil
artificial storage of water on land is considered a natural or
ordinary use because of its dry nature and common practice
Foster
the imposition of strict liability due to an ultrahazardous activity
is limited to consequences from the activity that result from the risk that makes the
activity ultrahazardous.
Factors that help define abnormally dangerous activities
(1) high degree of risk of some harm to others
(2) harm that results is likely to be serious
(3) unsafe even when done carefully
(4) uncommon
(5) activity is not appropriate for the place where it is carried on
(6) the danger outweighs the activities’ value to the community
(a lotta B v PL)
Examples of “Abnormally Dangerous” activity
nuclear reactor, explosives, crop dusting, airplane accidents, air balloons in cities
Ultra-Vulnerable/Unforeseeable/Beyond The Risk
The court will ask “What risks is it that cause us to believe that all X is ultra hazerdous?”
If the harm not within that risk, ∆ will not be held strictly liable.
[No Real Definition Given in Lecture, just the ? – Think Mink case]
Limitations on strict liability
scope of risk, voluntary assumption of risk
Workers Compensation (Definition)
A system for handling workplace injuries, that kind of replaces the tort’s negligence system with a system of strict liability
but only for certain economic damage
