Strict Liability

Question 1

Strict Liability (SL)

What are the Strict Liability General Elements?

Answer 1

SL

Strict Liability General Elements—D’s activities impose absolute duty to make safe, Breach of duty, Actual and proximate cause, and damages to person or property.

Question 2

SL

• Ultra Hazardous/ADA is defined as?

Answer 2

SL

• Ultra Hazardous/ADA is defined as? An ADA or ultrahazardous activity is:
• 1) not of common usage and
• 2) creates a highly significant foreseeable risk of physical harm even when reasonable care is exercised (i.e. cant’ be performed safely no matter how much care is exercised).

Question 3

SL

• Wild Animals. When is D liable for Ps Injuries?

Answer 3

SL

• Wild Animals. When is D liable for Ps Injuries?—D is liable for injuries caused by wild animal if P’s injuries are 1) unprovoked, and 2) caused by animal’s foreseeable dangerous propensities or characteristics.

Question 4

What is a Wild Animal?

Answer 4

What is a Wild Animal? Wild animals are those that are naturally:

ferocious,

unpredictable,

dangerous,

mischievous, OR

not by custom devoted to the service of mankind where they are kept.

Question 5

Trespassing Animals-when is there strict liability (not just wild)?

Answer 5

Trespassing Animals-when is there strict liability (not just wild)? D is strictly liable for reasonably foreseeable harm to licensees and invitees (not undiscovered trespassers) caused by trespassing animals.

Question 6

Is D strictly liable for domesticated pets?

Answer 6

Is D strictly liable for domesticated pets?

There is NO strict liability for domesticated pets but may be liable for negligence if

1) D knows/should know of animals dangerous propensity, AND
2) that harm is caused by dangerous propensity.

Question 7

Is (AOR) Assumption of Risk a defense to Strict Liability?

Answer 7

1. Is (AOR) Assumption of Risk a defense to Strict Liability? Yes AOR is a good defense to strict liability and bar recovery if: 1) P knew of risk and 2) voluntarily assumed it

Question 8

1. Is Contributory Negligence a defense to Strict Liability?

Answer 8

1. Is Contributory Negligence a defense to Strict Liability? Contributory negligence is not a defense to Strict Liability in a contributory negligence jx. However, in a comparative fault jx, comparative fault will reduce recovery by a percentage.

Question 9

1. Is Comparative Negligence a defense to Strict Liability?

Answer 9

1. Is Comparative Negligence a defense to Strict Liability? Yes, in comparative negligence states.