Traditional Strict Liability

Question 1

Strict Liability

Answer 1

Holds a D responsible regardless of whether or not the defendant was exercising care at the time of the injury

Even if careful still liable

Question 2

By engaging in a strict liability activity,

Answer 2

the D accepted responsibility to compensate any victims who might be injured

Question 3

Harboring Animals factors for Wild Animal

Answer 3

(1) Domesticated animals are those that are useful to human activities
(2) If animal not restrained will likely cause injury or
(3) Taming the animal doesn’t change its essential nature

Question 4

Scienter Action for Domesticated Animals

Answer 4

(1) Owner knows that their domesticated animal poses a higher level of danger than typical for that kind of animal, then the owner is strictly liable

Did owner have reason to know from conduct “jumping” or “growling” before?

Question 5

Common law for trespassing animals

Answer 5

Strict liability for trespassing domestic and wild animals
focus on prevalence and the amount of damage it can cause

Question 6

Abnormally dangerous activities triggers

Answer 6

(1) Activity is not a matter of “common usage”
(2) Presents highly significant Risk of Harm + Extreme Danger
(3) Risk associated with the activity can’t be eliminated through reasonable care AND
(4) Harm to a victim results from the risk that made the activity dangerous