Chapter 10: Introduction to Strict Liability: harm caused by animals and other abnormally dangerous conditions or activities.
Essential elements of strict liability for harm caused by abnormally dangerous conditions or activities.
1. There is existence of an abnor- mally dangerous condition or activity 2. The defendant has knowledge of the abnormally dangerous condition or activity 3. Damages 4. Causation
Domestic animal
An animal that is habituated to live with and among humans, and its normal population is pets; also called a domesticated animal.
Wild animal
An animal that is not domesticated and is a kind of animal that is wild in its natural state.
Abnormally dangerous conditions or activities
Conditions or activities that are not usual for the area and that create a substantial likelihood of significant harm that cannot be eliminated by the exercise of reasonable car
Domesticated Animal rule
Owners and caretakers of domestic animals may be held strictly liable for any harm to others caused by the animals if they had reason to know of the animals' specific propensity to cause harm, and the harm suffered was due to that propensity.
Wild animal rule
Owners and caretakers of wild animals are strictly liable for any harm these animals cause to others.
Strict liability
Tort liability imposed regardless of fault or blameworthiness of the defendant; also called absolute liability or liability without fault.