Strict Liability

Question 1

When does strict liability arise?

Answer 1

Allows the plaintiff to recover absent proof of fault and applie sin 3 contexts:

1. Animals
2. Abnormally dangerous activities
3. product liability

Plaintiff does not have to show that there was any fault on the part of the D

Question 2

What is the rule for wild animals?

Answer 2

• If the defendant keeps a wild animal
• p is injured b/c the animal does somethin g that is characteristic of that animal
• the keeper of the animal is strictly liable
• no matter how unforessable that the harm will occur

Question 3

What is the rule for domesticated animals (pets)?

Answer 3

Absent a statute imposing strict liability, the keeper of a domesticated pet is not liable UNLESS the keeper knows or should know of the animal’s dangerous propensity

Question 4

When is an activity abnormally dangerous?

Answer 4

• An activity in where ther is an inevitable high risk of serious harm AND
• it is not a common activity
  
  • i.e. - Blasting or dynamite, crop dusting, transporting toxic waste, fumigating

Question 5

When can a P recover if injured as a result of an abnormally dangerous activity?

Answer 5

P can recover absent proof of harm, so long as:

• D was involved in the abnormally dangerous activity AND
• that activity caused the ahrm

NOTE:

• Still need to prove cause in fact
• there may be proximate cause issues
  
  • P must be injured by a risk that makes the activity abnormally dangerous

Question 6

What are the defenses to abnormally dangerous strict liability?

Answer 6

• Only defense is where P assumes the risk (assumption of the risk)
• P’s unreasonable conduct (comparative fault or contributory negligence) is not a defense under the MBE rule