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8 Cards in this Set
- Front
- Back
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Strict liability |
Where the law imposes liability without fault |
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Liability for Animals |
Owners of ferocious beasts are strictly liable for damage their animals cause to others; the owners are liable, regardless of what measures they took to prevent the harm from occurring. |
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Behrens v. Bertram Mills Circus ∏'s husband was injured when a circus elephant was scared and got away from the trainer for a little bit. What rule came out of this. |
1) If the animal is of a type considered wild, its owner generally will be held strictly liable for the damage the animal causes 2) If the animal is of a domesticated type-dog,cow,cat- it is presumed tame and the owner is strictly liable only if he is aware that the particular animal in question already had shown a propensity to cause the sort of harm inflicted on the ∏. |
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Banks v. Maxwell ∆ instructed ∏ to drive a bull from its pen into a pasture and did not want the ∆ to hit it with a club he had picked up. As soon as ∏ dropped club, bull gored ∏. Two facts needed to prove case |
1) The animal inflicting injury must be dangerous, vicious, mischievous or ferocious, or one termed in the law as possessing a vicious propensity. 2) The owner must have actual or constructive knowledge of the vicious propensity, character and habits of the animal. |
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Scope of Strict Liability |
Strict liability doesn't apply if: a) if the person suffering injury comes in close proximity to the ∆'s animal or abnormally dangerous activity for the purpose of securing some benefit from the contact or proximity; or b) ∆ maintains ownership or possession of the animal or carries on the abnormally dangerous activity in pursuance of an obligation imposed by law |
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Rylands v. Fletcher Big rule about strict liability came from this case |
A person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief it is escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all damage which is the natural consequence of its escape. Unless contributorily negligent or act of God. If it is non-natural, strict liability |
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Rickards v. Lothian Trespasser clogged sinks owned by ∆. ∏ sued for strict liability |
There must be some special use that increases the danger to others and must not merely be the ordinary use of land or such use as is proper for the general benefit of the community. |
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Turner v. Big Lake Oil Co. Salt water pond overflowed and caused damage to the ∏'s pasture. Why is this different than Rylands |
Different conditions change the outcome. In Texas, it is normal to store water and at time necessary to store water. |
