Strict Liability And Defenses To Strict Liability

Front 1

Barnyard Animals

Back 1

Strictly liable if barnyard animals go onto another's land

Front 2

Wild Animals

Back 2

Strictly liable if you own or possess wild animals, and they injury anyone.

Front 3

Domestic Animals

Back 3

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.

Front 4

Abnormally Dangerous Activity

Back 4

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

Front 5

Defense to Strict Liability:

Back 5

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.