Strict Liability

Question 1

Strict Liability applies to:

Answer 1

1. Possession of wild animals
2. Abnormally dangerous activities

Question 2

Possession of Animals

Answer 2

∆ can be held strictly liable for personal injuries inflicted by his animal if it has “known dangerous propensities.”

Question 3

One Bite Rule

Answer 3

after one bite, the owner is presumed to know that the animal is dangerous

Question 4

Strict Liability does not apply to possession of what animals?

Answer 4

To possession of domestic animals as to which dangerous propensities are normal, such as bulls, stallions, mules, rams, and bees.

Question 5

Elements of Abnormally Dangerous Activities

Answer 5

1. the activity creates a risk of serious injury as to the plaintiff, his land, or his chattels;
2. this risk cannot be eliminated by the exercise of due care; and
3. the activity is not usually conducted in that area

Question 6

In order for strict liability to apply:

Answer 6

the harm to the plaintiff must have resulted from the type of danger that justified classifying the animal or activity as dangerous

Question 7

Defense to Strict Liability

Answer 7

Contributory Negligence

• ∆ may not raise contributory negligence as a defense to strict liability

Assumption of the risk:

• A plaintiff may be found to have assumed the risk of injury and be completely barred from recovery in a strict liability situation if the plaintiff knows of and appreciates the danger justifying imposition of strict liability and voluntarily exposes himself to such danger.