Strict Liability - Torts

what is strict liability?

a def can be found liable no matter how great the def precaution may have been to try to prevent the plaintiff’s harm and must involve a non- reciprical risk

non-reciprocal risk

a unilateral risk when one party imposes a risk on another w/o the risk imposing party being at risk

what are two key questions for strict liability- unusual dangerous activities?

1. To what extent is the activity dangerous?

2. How uncommon is the activity?

unusually dangerous activities rule

An actor who carries on an abnormally dangerous activity is subject to strict liability for physical harm resulting from the activity

The activity is abnormally dangerous if:

1. The activity creates a forseeable and highly significant risk of physical harm even when the actor carries out reasonable care 

2. the activity is not one of common usuage

trespassing animals rule

the owner of the animals is liable for the damage caused by the respassing animals (not household pets) as long as it was reasonably forseeable

rule for wild animals

an owner or possessor of a wild animal is subject to strict liability for physical harm caused by the wild animal

what is a wild animal

wild animal is one that is not domesticated and likely to cause injury

rule for abnormally dangerous animals

owner or possessor of an animal that the owner or possessor knows or has reason to know has dangerous tendencies, abnormal for the animal’s category is subject to strict liability for physical injury cause by the animal if the harm ensures from the dangerous tendency

exception to dangerous animal rule

domesticated animals are not strictly liable for injuries unless owner has reason to know that the animal is dangerous

Are there affirmative defenses for strict liability?

no the def is deemed strictly liable under the prima facie case

do you need to prove causation for strict liability

yes both actual and proximate