Defenses to Strict Liability - TORTS

Contributory Negligence & Strict Liability

Generally, P’s mere failure to exercise reasonable care does not bar recovery in strict liability.

Comparative Fault & Strict Liability

• Some courts: P’s negligence does not reduce strict liability recovery.

• Others: P’s negligence reduces recovery proportionately.

P walks closer than marked safe zone during blasting; some courts will reduce P’s recovery.

Assumption of Risk & Strict Liability

P’s knowing and voluntary encounter of the risk is a complete bar in many jurisdictions

Statutory Privilege

Those performing essential public services (e.g., utility/sewer work) may be exempt from strict liability, though they can still be liable under negligence.

Is a land possessor strictly liable to trespassers for injuries caused by animals?

Generally no strict liability for trespassers, except in some jurisdictions for vicious watchdogs. But D may still be liable under negligence.