Strict Liability (Module 13) Flashcards
SL for Domesticated Animals
Only if D has knowledge of animal’s dangerous propensities that are not common to the species then they will be SL
- ex. bee stinging someone is common, but dog biting someone isn’t
Includes farm animals and things like bees I guess (a bull is a farm animal idk)
SL for Wild Animals
- Owner is SL to anyone (not trespassers) for injuries caused by wild animals, including those kept as pets
- if your wild animal gets loose, person runs away from it, and they fall and hurt themselves, SL for that too
Abnormally Dangerous Activities
Activity will be considered abnorm dang if:
- foreseeable risk
- of serious harm
- that rxble care won’t make safe, and
- activity not matter of common usage in the area
Liability only extends to foreseeable plaintiffs (i.e., P must still move pxcx)
SL does NOT attach if the injury isn’t caused by the dangerous aspect of the activity (wheel falls of truck carrying nuclear stuff but only the wheel causes injury)
Usual Examples
- explosives/blasting
- handling/transporting chemicals
- handling nuclear/high-dose radiation