Torts MBE - Strict Liability

A prima facie case for strict liability requires: (1) an absolute duty to make the P's person or property safe, (2) breach, (3) actual and proximate causation, and (4) damages

(DAD)1. Dangerous Activities2. Animals3. defective or dangerous products
These are the only situations where a D can be liable without fault

An activity is abnormally dangerous if it is not commonly engaged in, inherently invovles risk of serious harm, and cannot be performed with complete safety. One who engages in such activities is strictly liable for ham caused regardless of precaustions taken to prevent harm
common abnormally dangerous activities include: mining, blasting, using explosives, fumigation, and excavating

Strict liability is limited to the kind of harm expected to be caused by the activity and foreseeable plaintiffs. The D's liability can be cut off by unforeseeable intervening forces. Futhermore, strict liabilyt does not apply to ahrm that woudl not have resulted but for the abnormally sensitive character of the activity or when the activity is conducted pursuant to a public duty

The owner and operator of a plane is strictly liable to persons and objects on the groudn that have been injured by objects that fell or were dropped from the aircraft or the aircraft itself. Strict liablity also applies to any physical damge to the land under such circumstances.
SL does not apply to passengers or chattel within an aircraft due to a crash.
Crop dusting is also strict liability

Landowner is not strictly liable for injuries inflicted by animal against a trespasser, except for injuries inflicted by a vicious watchdog. However, landowner may still be liable under negligence theory.
Animal owner is strictly liable for any reasonably foreseeable damage caused by his trespassing animal, other than household pets.

If possess wild animal, strictly liable for harm done by that animal, in spite of any precautions the possessor has taken to confine the animal or to prevent harm, as long as P did not knowingly do anything to bring about the injury adn the harm arises from a dangerous propensity that is characteristic of such wild animals or of which the owner has reason to know.
SL can also apply to P's fearful reaction of the unrestrained animal in addition to injuries caused directly by the animal

An animal's owner is strictly liable for injuries caused by a domestic animal if he knows or has reason to know fo the animal's dangerous propensities.

1. contributory negligence - this is NOT a defense to strict liabilty
2. comparative fault - in comparative negligence jurisdictions, comparative fault principles apply as they do in negligence actions
3. assumption of risk - P's assumption of risk bars recovery in strict liability action. Also referred to as knowing contributoy negligence
4. Statutory privilege - performance of an essential public duty (i.e., construction of public sewer lines) exempts one from strict liability; however, liability may still exist under negligence theory