Tort Class Strict Liability

Question 1

Strict Liability

Answer 1

• regardless of negligence or intentional tor, strict liability can apply
• acts as an insurance b/c the act or product is so dangerous
• its unnecessary to prove the elements to have strict liability b/c fault is irrelevant (the tortfeasor could have used every possible decree of care to protect against injuring the victim, but this would not prevent liability)

Question 2

Strict Liability catagories

Answer 2

1. wild animal
2. abnormally dangerous activities
3. products liability

Question 3

Wild Animal

Answer 3

• noted as “ferae Naturae”
• wild life is owned by the Gov. (the state) in trust for the benefits of all citizens
• an animal where an owner CANNOT control “dominion and control”
• animals that have naturally wild dispositions as

Question 4

AR dog biting rule

Answer 4

“one bite” rule; 1st time is a free bite, 2nd bite gets citation to appear in court where the judge determines if the dog is consider a vicious animal (strict liability)

Question 5

Defense to Strict Liability of Wild Animal

Answer 5

1. assumption of the risk
2. self defense and defense of others
3. consent
4. contributory and comparative negligence
5. provocation

Question 6

Abnormally Dangerous Activities

Answer 6

• relates to activities and occupations
• 5 factors to determine”abnormally dangerous”
  1. could cause substantial injury
  2. the risk cant be remove even with reasonable care
  3. the activity is not common
  (4 and 5 tend to deal more with occupations)
  4. the activity was not properly done in its appropriate place
  5. the hazards of the activity out weighs the danger to the victim

Question 7

Defense to Abnormally Dangerous Activities

Answer 7

most common: Assumption of the risk and Consent (deals more with recreational)
Occupation: Gov. puts a statute to lower the standards of liability (by statutes) - these occupations must only be those that benefits the public

Question 8

Class Action Lawsuit

Answer 8

• a lawsuit brought by a group of people
• “judicial economy” deals with claims in 1 big law suit
• a court has to give permission for a class action suit originate

Question 9

Mass Tort

Answer 9

1 EVENT that causes numerous injuries (almost every mass tort will be a class action lawsuit because a judge will most likely turn it into a class; but not all class action lawsuit will be permitted to become a Mass tort)

Question 10

Reasonable Care for Abnormally Dangerous Activities

Answer 10

if the tortfeasor could have eliminated the risk of harm through the use of reasonable care, then the activity is NOT abnormally dangerous and absolute liability does not apply

Question 11

Vicious Propensity Rule

Answer 11

owners maybe held absolutely liable for their domestic animals if the animals exhibit “vicious tendencies”