Torts Rules 3

Card Set Information

Torts Rules 3
2010-07-17 14:33:16
Strict Liability

Strict Liability
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  1. Strict liability elements
    • Duty to make plaintiff's person safe
    • breach
    • actual and proximate causaction
    • damages
  2. Three general situations in which strict liability imposed
    • Dangerous activities
    • Animals
    • Defective or dangerous products

    NY: 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.
  3. 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.
  4. 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
  5. Defenses against strict liability
    • Comparative fault
    • Assumption of risk
    • Statutory privilege

    Contributory negligence is not a defense to strict liability