Strict Liability Torts Flashcards
What are the 2 main types of strict liability torts?
Public Nuisance and Private Nuisance
What is a strict liability tort?
Those in which the defendant is liable if the wrongful act occurs whether or not they were responsible
What is public nuisance?
Public nuisance is a strict liability tort concerning interference with the lawful use of public lands
What is an example of a public nuisance?
Polluting public waterways that run off of your land. Even if the pollution was not your fault, if the source is on your land interfering with public land, you are at fault
What is private nuisance?
Interference with an occupier’s use and enjoyment of their own land. The interference must be substantial and unreasonable in order to sue successfully
What is an example of a private nuisance?
If a neighbor is always playing loud music making it impossible for you to enjoy your own property