Strict liability

Question 1

prima facie case

Answer 1

1. the nature of the defendant’s activity imposes an absolute duty to make safe
2. the dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injury and
3. the plaintiff suffered damage to person or property

Question 2

Trespassing animals

Answer 2

An owner is strictly liable for reasonably foreseeable damages done by a trespass of his animals.

Question 3

Wild animals

Answer 3

strictly liable to licensees and invitees.

Question 4

Domestic animals

Answer 4

no strictly liable for injuries caused by domestic animals unless he has knowledge of that particular animal’s dangerous propensities that are not common to the species.

Question 5

IS strict liability available to trespasser?

Answer 5

NO

Question 6

Abnormally dangerous activity

Answer 6

1. the activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors
2. the activity is not a matter of common usage in the community

Question 7

extent of liability

Answer 7

1. harm must result from normally dangerous characteristics. 2. harm must result from the kind of danger to be anticipated from the dangerous activity or animal

Question 8

common examples of abnormally dangerous activities

Answer 8

blasting
manufacturing explosives
storing deadly chemicals
crop dusting
fumigating

Question 9

Defenses

Answer 9

assumption of risk always a good one