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Barnyard Animals
Strictly liable if barnyard animals go onto another's land
Wild Animals
Strictly liable if you own or possess wild animals, and they injury anyone.
Domestic Animals
If animal has dangerous propensities abnormal to its class and it injures someone, owner is strictly liable.Note 1 - If no dangerous propensities, π must prove negligence rather than strict liability.
Abnormally Dangerous Activity
Rule - If ∆ brings something non natural that is likely to cause harm if it escapes form his land, ∆ is strictly liable for any harm caused.
6 factors in determining whether activity should be classified as an Abnormally Dangerous Activity and thus be strictly liable:
(1) High degree of risk,
(2) Harm likely to be great,
(3) Inability to eliminate the risk with reasonable care,
(4) Not a matter of common usage,
(5) Inappropriate,
(6) Extent that value is outweighed by danger.
Note 1 - Most important is #3 - If able to eliminate the risk by exercise of reasonable care; you can just use negligence.
Note 2 - π may only recover for type of harm that makes the activity abnormally dangerous
Note 3 - Some courts have held that ∆ engaging in abnormally dangerous activity and an act of god or an intentional act of a 3rd person causes injury, ∆ is not strictly liable. These would be superseding causes.
Note 4 - Other courts take different view - Recovery for strict liability, even if unexpected act intervenes
Defense to Strict Liability:
Rule 1 - Most courts hold that even if π is contributorily negligent, it is not a bar to recovery for strict liability.
Assumption of Risk Defense - If there is evidence that π assumed the risk, and π knowingly and voluntarily encountered the risk, majority of courts say complete bar. Minority said not complete bar, modified comparative negligence percentages.
Vicious Animals A/R Defense - If a person with full knowledge of an animal's vicious propensities puts himself in the way of the animal, he will be adjudged to have brought the injury upon himself. Majority - A/R = complete bar on recover of π under strict liability claim. Minority - A/R is not complete bar on recover, have to do percentages.
No Duty To Trespassers for Strict Liability Activities - ∆ not liable for tiger mauling by a trespasser.
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