Strict Liability

Front 1

Prima Facia Case (Strict Liability - Elements)

Back 1

Defendant breaches duty to make safe any foreseeable plaintiffs actually and proximately causing harm.

Front 2

Animals

Back 2

Liability for reasonably foreseeable harm caused by wild or know to be vicious animals.

Front 3

Animals (Trespassers)

Back 3

No liability to Unanticipated Trespassers.

Front 4

Ultra Hazardous Activity (Definition)

Back 4

An uncommon dangerous activity that cannot be made completely safe.

Front 5

Ultra Hazardous Activity (Absolute Nuisance)

Back 5

Strict Liability for activities such as setting of fireworks in public, storing dangerous products in populated areas and odors from industrial plants.

Front 6

Rylands V Fletcher

Back 6

Strict Liability for natural consequences of escape from land of anything likely to cause harm. (Water flooded coal mine)

Front 7

Strict Liability (Defenses (4))

Back 7

Contributory/Comparative Fault, Assumption of the Risk, Unforeseeable Intervening Forces, Statutory Privilege

Front 8

Strict Liability (Contributory/Comparative Fault)

Back 8

Plaintiff intentionally participates in an unreasonably dangerous activity.

Front 9

Strict Liability (Assumption of the Risk)

Back 9

A defense to Strict Liability where the Plaintiff engages in an activity subjectively known to be dangerous.

Front 10

Strict Liability (Intervening Forces)

Back 10

Independent acts of nature or a third party are in fact actual or proximate cause of harm.

Front 11

Strict Liability (Statutory Privilege)

Back 11

A defense to liability under statute, negligence may be available.