Strict Liability

Strict Liability

Theory of strict liability started with Rylands v. Fletcher (1868 England).

Defendant’s liability for strict liability is without regard to: Fault, Foreseeability, Standard of Care or Causation.

Liability is based on abnormally dangerous activities.

Abnormally Dangerous Activities

Defendant is strictly liable for an “abnormally dangerous activity” if:

Ø Activity involves serious potential harm;

Ø Activity involves high degree of risk that cannot be made safe; and

Ø  Activity is not commonly performed in the community or area.

Wild Animals

Persons who keep wild animals are strictly liable for injuries caused by the beast.

Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.