Torts Rules 3
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Strict liability elements
- Duty to make plaintiff's person safe
- actual and proximate causaction
Three general situations in which strict liability imposed
- Dangerous activities
- Defective or dangerous products
: also applies strict liability through its sacaffolding law to contractors, owners and their agents for heigh-related injuries caused by failure to use proper safety measures.
Def of abnormally dangerous activity
- not commonly engaged in
- inherently involves risk of serious harm
- cannot be performed with complete safety
Liability limited to kind of harm expected to be caused by the activity and to FORESEEABLE plaintiffs.
Strict liability for animals:
NOT for tresspassers, except injuries inflicted by a vicious watchdog.
Strict liability for wild animals, as long as plaintiff did not knowingly bring about the injury
Strict liability for domestic animals if owner knows of animal's dangerous propensity
Defenses against strict liability
- Comparative fault
- Assumption of risk
- Statutory privilege
Contributory negligence is not
a defense to strict liability
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