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tortsstrictliability - Often affected by custom(e.g fencing...

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Torts Strict Liability © Laura Rothstein Liability imposed without fault Based on policy – when blame is on neither party, in interest of social justice, liability is allocated to the one who can best bear the blame. Usually limited to the harms that naturally flow from the trespass or activity – foreseeability. Negligence principles can apply, even if there is no strict liability. Assumption of the risk is a defense to strict liability. Requires knowledge of risk. Animals Trespassing farm animals (except dogs & cats) – common law – strict liability for harm Dangerous animals Wild animals – strict liability Liability may end if animal returns to its wild state, which is indigenous to the locality Animals known to have vicious propensities Particular animal – based on past activities Sometimes breed – based on known temperament Many common law rules are changed by state judicial interpretation or statute
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Unformatted text preview: Often affected by custom (e.g., fencing in; fencing out) 1 Abnormally dangerous activities Rylands v. Fletcher – 1868 Blackburn – liability for anything likely to do mischief that is brought on land that escapes Cairns – liability for unnatural use of land (based on custom) Restatement factors often used in different states – usually requires more than one factor (but not all) High degree of risk of harm to person, land or chattels of others. Likelihood that resulting harm will be great. Inability to eliminate risk by exercise of reasonable care. Extent that activity is not a matter of common usage. Inappropriateness of activity to place where it is carried on. Extent to which value to community is outweighed by its dangerous attributes. 2/25/09 2...
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