Please enable JavaScript.

Coggle requires JavaScript to display documents.

Strict Liability (Extent of Liability (Harm Must Result from "…

- - - - π negligence is no defense if π failed to realize the danger or guard against its existence BUT it is a defense if the π knew of the danger and unreasonable conduct was the cause of the harm
- - - - Owner is strictly liable for injuries caused by wild animals (e.g. lion or bear) even those kept as pets
    - - Owner of a domestic animal (including farm animals) is not strictly liable for injuries it causes BUT liability does attach if owner has knowledge of that animal's dangerous propensities (i.e. more dangerous than normal for that species)
      - "Dog Bite" Statutes
        
        applicable only to dogs, which impose strict liability in personal injury actions w/o prior knowledge of dangerous characteristics
    - - Licensees and Invitees - Landowner Strictly Liable for injuries caused by wild animals or abnormally dangerous domestic animals
        
        Public Duty Exception - where landowner is under a public duty to keep the animals (e.g. as a zookeeper); in such cases, negligence must be shown
      - Trespassers Must Prove Negligence - strict liability generally not imposed in favor of undiscovered trespassers against landowners unless negligence
        
        Compare - Intentional Use of Vicious Watchdogs - may be liable even to trespassers b/c landowner is not entitled to use deadly force in person to protect only property, he also may not use such force indirectly