Strict Liability Strict Liability Template Activity (Animals or Abnormally Dangerous Activities) Cause-in-Fact (But For or Substantial Factor) Proximate Cause (Harm Resulted From Act & Nature of Activity Caused Harm) Damages Defenses (P Participated, Comparative Negligence, Vis Major, or Negligent Assumption of Risk) Animals Trespass Action Strictly Liable for Keepers of domesticated and undomesticated Animal’s Trespass: animals are strictly liable for damages resulting from the trespass on the animal’s property of another. Owners of dogs and cats, however, are not liable for their pets’ trespasses, unless the owners have been negligent or unless strict liability is imposed by state ordinance. Actions Other Than Trespass Domesticated Animals Liability Dependent on Knowledge and Nature of Animal: the keeper of domesticated animals dogs, cats, cattle, sheep, and horses is strictly – – liable for the harm those animals cause only if the keeper had (1) actual knowledge that the animal had a (2) particular trait or propensity that (3) caused the harm. Wild Animals Liability: the keepers of wild animals are strictly liable for any harm caused by those animals. Abnormally Dangerous Activity Rule The person who, for his own purposes, Blackburn Rule Liability Based Solely on Activity: – brings on his land and collects and keeps there any thing likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damages which is the natural consequence of its escape. Cairn Rule Liability Based on Activity and Surrounding Circumstances: Same basic rule, but – applies a circumstantial test to determine D is only liable for non-natural uses “non-natural” means. of the land. The factors to evaluate are: (1) the character of the activity; (2) the place and manner in which it is maintained; the to the surroundings. and (3) relation D constructed a reservoir. D failed to inspect the area and, Rylands v. Fletcher: therefore, was unaware of mineshafts below the reservoir. Under the P’s increased pressure from the reservoir, the mine shafts collapsed and water intruded into the area. HOLDING: When one person in managing his own affairs causes, however innocently, damages to another, it is obviously only just that he should be the party to suffer.
Strict Liability Strict Liability Template Activity (Animals or Abnormally Dangerous Activities) Cause-in-Fact (But For or Substantial Factor) Proximate Cause (Harm Resulted From Act & Nature of Activity Caused Harm) Damages Defenses (P Participated, Comparative Negligence, Vis Major, or Negligent Assumption of Risk) Animals Trespass Action Strictly Liable for Animal’s Trespass: Keepers of domesticated and undomesticated animals are strictly liable for damages resulting from the animal’s trespass on the property of another. Owners of dogs and cats, however, are not liable for their pets’ trespasses, unless the owners have been negligent or unless strict liability is imposed by state ordinance. Actions Other Than Trespass Domesticated Animals Liability Dependent on Knowledge and Nature of Animal: the keeper of domesticated animals – dogs, cats, cattle, sheep, and horses – is strictly liable for the harm those animals cause only if the keeper had (1) actual knowledge that the animal had a (2) particular trait or propensity that (3) caused the harm. Wild Animals Liability: the keepers of wild animals are strictly liable for any harm caused by those animals. Abnormally Dangerous Activity Rule Blackburn Rule – Liability Based Solely on Activity: The person who, for his own purposes, brings on his land and collects and keeps there any thing likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damages which is the natural consequence of its escape. Cairn Rule – Liability Based on Activity and Surrounding Circumstances: Same basic rule, but applies a circumstantial test to determine “non-natural” means. D is only liable for non-natural uses of the land. The factors to evaluate are: (1) the character of the activity; (2) the place and manner in which it is maintained; and (3) the relation to the surroundings. Rylands v. Fletcher: D constructed a reservoir. D failed to inspect the area and, therefore, was unaware of P’s mineshafts below the reservoir. Under the increased pressure from the reservoir, the mine shafts collapsed and water intruded into the area. HOLDING: When one person in managing his own affairs causes, however innocently, damages to another, it is obviously only just that he should be the party to suffer.