Torts - Strict Liability Flashcards
How many types of activities make you strictly liable?
Two.
Wild animals; and
abnormally dangerous activity
Is strict liability related to product liability?
No. not in the slightest. keep them completely separate in your mind.
What is strict liability?
Under strict liability, a defendant will be liable for damages REGARDLESS of how careful they were (i.e., negligence is NOT required to be held liable).
Do you have strict liability over domestic animals?
No, UNLESS reason to know animal has dangerous propensity.
EG, the neighborhood dog always snarling and attacking people… there is strict liability over this dog if known to be dangerous.
What is considered to be a domestic animal?
Domestic animals are animals that have been trained over time to live and breed in a tame condition (e.g., dogs, cats, farm animals, etc.). An owner of a domestic animal will NOT be strictly liable for harm caused by the animal UNLESS the owner knows or has reason to know of the animal’s dangerous propensity.
What is considered to be a wild animal?
Wild Animals. Wild animals are animals that, as a species or class, are not customarily kept in the service of mankind (e.g., tigers, monkeys, etc.). An owner of a wild animal is strictly liable for any harm caused by the animal regardless of safety precautions taken by the owner. However, owners are generally NOT strictly liable for harm caused to
trespassers.
What if you see a tiger and it’s friendly but you run away and break your leg, is owner liable?
YES. anything connected to that wild animal D is liable for.
What if you trip over a black bear in your back yard and I didn’t even know it was a grizzle bear, i thought it was a log?
NO. not strictly liable here. has to be connected to the fact that it’s a wild animal.
If not an injury that would normally occur because it’s a wild animal, then no strict liability.
what are the elements of abnormally dangerous activity?
An abnormally dangerous activity is one that is:
- Inherently dangerous;
- Inappropriate for the location chosen;
- Virtually impossible to make safe; AND
- Of little value to the community.
Examples of abnormally dangerous activity?
Keywords: Chemicals, blasting, exploding, dynamite, excavation, blowing up building
If blowing up building and gust of wind blows a fragment forty miles away, then no strict liability, because there is no foreseeable link to the fragment blowing forty miles away.
But if hit while walking down the street near the excavation site, then foreseeable link.
Note: if F’s specifically say that chemicals or other normally dangerous activity is SAFE, then not strictly liable because not abnormally dangerous.
Are fireworks considered abnormally dangerous activity?
NO. no strict liability over fireworks.
What liability does D owe for abnormally dangerous activities?
A defendant is strictly liable for damages caused to the plaintiff if he is engaged in abnormally dangerous activities.
What is a defense to strict liability abnorally dangerous activity?
Assumption of risk. You knew about it being abnormally dangerous, and you accept the risk and do it anyway.
Be sure the question asks you about defenses. Otherwise, don’t talk about assumption of risk or other defenses. Even if legally true, that’s not the issue they’re asking you about.
Assumption of risk will look like “he read the warning sign before he entered.” But if there’s not something like this in the facts, then don’t look for this answer.
Another way they phrase abnormally dangerous strict liability?
“Strict liability in tort.”
They usually use this phrase for products liability, but also use it sometimes for abnormally dangerous SL.
