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7 Cards in this Set
- Front
- Back
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Strict Liability
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*Provides that a P may recover for injuries sustained as a result of some act or omission of the D, even if the D used utmost care
*P need not prove fault on the part of the D; no evidence of negligence or intent is needed |
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Strict Liability Situations
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*wild animals
*extremely dangerous activities *defective products |
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Factors of Abnormally Dangerous Activity (ADA)
(Placing Lions In Caves Accelerates Violence) |
*Probability of harm to person, land, or chattel or others
*Likely gravity of the potential harm *Actor's inability to eliminate the risk by the exercise of reasonable care *extent to which the activity is not a matter of common usage *appropriateness of the activity to the place where it is carried on *the extent to which its value to the community is outweighed by its dangerous attributes |
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Risk Rule
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*Strict Liability proximate causation
*provides that one is strictly liable only from the "kind of harm, the risks of which makes the activity abnormally dangerous" |
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Workers Compensation excludes:
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*farm workers
*domestic workers *RR workers *those who work for business with few employees |
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Exceptions to Worker's Compensation as the sole remedy
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*not within the scope of WC
*intentional torts by employer or co-employee *willful misconduct by co-employee *Dual Capacity (j/s) |
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Traditional Defenses to WC
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*contributory negligence
*assumption of risk *fellow servant rule |
