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5 Cards in this Set

  • Front
  • Back

Strict Liability

Liability without fault (regardless of fault/negligence/recklessness + no intent to cause the harm.)

  • Strict liability is premised on D's voluntary decision to engage in extremely risky activity (policy: risk should be borne by pursuers, not innocent persons exposed to that risk)
  • Personal injury or property damages


Courts impose strict liability on:

  • Owners of trespassing livestock
  • Keepers of naturally dangerous wild animals
  • SL is limited to the kind of harm for which animal(s) raises the possibility. Consider:
inappropriateness of location to keep animal.
  • Defense: instigation (assumption of risk)

Abnormally Dangerous (Ultrahazardous) Activities

Necessarily involve risk of harm that reasonable care cannot eliminate.

  • Blasting
  • Crop dusting
  • Stunt flying
  • transporting large quantities of gas by truck
  • shooting gun in city?

Abnormally Dangerous Factors

  • Inappropriateness of activity in location / normality of activity in area
  • ease of preventing harm to others thru exercise of reasonable care
  • social utility of defendant's conduct vs. risk of harm
  • likelihood of great harm resulting

Sole Defense: Assumption of Risk

Plaintiff's voluntary consent to a known danger.