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Strict Liability

Torts II - SL

SL - 3 Bases of Tort Liability Intent Negligence Strict Liability
SL - Roaming animals Generally, keepers of roaming animals are SL for any harm the animal causes. EXCEPTION: Dogs/cats, livestock straying on highways
SL - Animals - Livestock Statutes Fencing in Fencing out SL No liability without fault
SL - Animals - Wild v. Domestic * Inherent nature of the species (untabable v. tamable) * In service to humans in locale (customarily kept or not)
SL - Animals - Wild Generally, keepers of wild animals are SL for harm, where P's harm results from animals dangerous nature (unless exception, e.g. zoo keeper statutes)
SL - Animals - Domestic Generally, keepers are NOT SL unless: Keeper knew or had reason to know of the animal's dangerous propensity, or a stautory provision modifies CL
SL - Activities - Approaches for determining SL Rylands v. Fletcher Ultrahazardous activities (minority) Abnormally Dangerous activities (majority)
SL - Activities - Rylands v. Fletcher Both courts rule in favor of P, the mine owner. Further, both held D SL for damages from water that "escaped" D's reservoir
SL - Lord Blackburn Person who, for his own purpose, brings on his land and keeps anything likely to do mischief if it escapes, "must keep it in at his own peril"
SL - Lord Cairns SL applies to "non-natural" uses of land, which cause P harm
SL - Activities - Ryland v. Fletcher SL applies to "non-natural" uses of property that cause P damage (other than customary uses)
SL - Activities - Abnormally Dangerous Dynamite blasting, toxic chemical storage, pile driving, crop dusting (juris splits), fumigation, rocket testing, firework displays (juris splits), hazardous waste disposal, storage of large quantities of water
SL - Abnormally Dangerous Activities - R2d Factors 1. High risk of some harm (high probability 2. Likelihood of great harm (high magnitude) 3. Inability to eliminate risk with reasonable care 4. Extent not of common usage 5. Inappropriateness location 6. Value to community outweighed by danger of act
SL - R3d - Abnormally Dangerous * If it creates a foreseeable and highly significant risk of physical harm * Even when reasonable care is exercised and * Is not one of common usage
Created by: PrGrd