Strict Liability Definition: A legal doctrine holding individuals or entities accountable for damages or injuries caused by their actions, regardless of fault or negligence.
Key Characteristics:
No intent required.
No negligence considered.
Principles of Strict Liability
Risk Theory: Entities creating risk should be accountable for the consequences of those risks.
Defendant Accountability: If a defendant creates a dangerous condition, they are held liable for any resulting injuries.
Controversies
Some view strict liability as unfair because it holds individuals liable regardless of the precautions taken.
However, strict liability is not commonly applied in daily life.
Certain crimes also fall under strict liability.
Categories of Strict Liability
Animals
Abnormally Dangerous Activities
Animals
Liability imposed on those who keep, possess, or harbor animals.
Covers both wild and domestic animals.
Restatement Second of Torts:
506: Defines wild and domestic animals.
507: Liability of possessor of wild animals.
Other relevant restatements: 508, 510, 511, 512, 513, 515, 517.
Key Cases
Irvine v. Rare Feline Breeding Center (1997): A case involving liability for injury caused by exotic animals, highlighting defenses available in strict liability cases such as assumption of risk.
Abnormally Dangerous Activities
Restatement Second of Torts 519: Liability for harm resulting from abnormally dangerous activities, regardless of care exercised.
Common examples include dynamite and fireworks.
Identifying Abnormally Dangerous Activities
Restatement Second of Torts 520: Factors to determine abnormally dangerous activities include:
High degree of risk.
Severity of potential harm.
Inability to mitigate risk through reasonable care.
Non-common usage.
Inappropriateness of activity.
Value to the community vs. danger.
Trespassers vs. Invitees/Licensees
Restatement Second of Torts 520B: No strict liability for harm to trespassers.
Restatement Second of Torts 520C: Liability extends to licensees and invitees.
Key Case
Rylands v. Fletcher (1868): Basis for strict liability, establishing that bringing something dangerous onto one's land can lead to liability if it escapes and causes damage.
Absolute Liability vs. Strict Liability
Strict Liability: Limited to consequences within the scope of harm.
Absolute Liability: No connection to scope of harm; no defenses available.
Practice and Preparation
A practice quiz will be provided on tort damages and strict liability to assess understanding.
Next module: Products Liability.
Conclusion
Ensure understanding of key principles and defenses related to strict liability.
Prepare for the next class by starting on products liability readings.