Strict Liability

SL

The law imputes negligence when D neither acted intentionally nor failed to live up to the standard of reasonable care

1. Animals

2. Abnormally dangerous activities

SL (Animals)

1. Trespassing Animals

   • SL for damages caused by roaming for livestock animals

   • Statutes:

     • Fencing in

     • Fencing out

     • Open range

2. Wild Animals

   • SL for for damages caused by non-indigenous/domestic animals if (1) reduced to possession, or (2) introduced into environment

3. Domestic Animals

   • Generally, ordinary negligence standards, except:

     • one-bite rule – dangerous propensities shown by (1) prior attacks (2) prior aggressive behavior (3) reputation of danger (4) dangerous traits

     • bad dog rule – requires owner of animal showing dangerous propensities to post warnings on premises

Abnormally Dangerous/Ultrahazardous Activities

An activity that necessarily involves a risk of serious harm to persons, land, or chattels, which cannot be eliminated by exercise of utmost care and is not a matter of common usage. Factors (HALWAW):

1. high degree of risk of harm

2. ability to eliminate risk by due care

3. likelihood harm will be great

4. whether it is a common practice

5. appropriateness of the place activity occurs

6. whether value to the community outweighs the risk

SL Exceptions/Limitations/Defenses:

1. limited to the conduct which makes the activity dangerous

2. proximate cause/act of god

3. assumption of risk

4. statutory/legal authorization