General principles - Strict liability

Learning Outcomes

After reading this article, you will be able to identify when strict liability applies in tort law, distinguish strict liability from negligence, recognize abnormally dangerous activities and animal liability, and apply the main defenses. You will be able to answer MBE questions on strict liability with clarity and accuracy.

MBE Syllabus

For the MBE, you are required to understand the circumstances in which strict liability is imposed in tort law. This article covers:

• Distinguishing strict liability from negligence and intentional torts.
• Identifying abnormally dangerous activities and their requirements.
• Recognizing strict liability for wild and domestic animals.
• Understanding the scope of liability and available defenses.
• Applying strict liability principles to MBE-style fact patterns.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is most likely to result in strict liability?
   1. A driver negligently causes a car accident.
   2. A homeowner’s dog bites a trespasser, and the dog has never shown vicious tendencies.
   3. A demolition company uses explosives and causes debris to damage a neighbor’s property.
   4. A store owner fails to warn customers about a wet floor.
2. Which defense is generally NOT available in a strict liability action?
   1. Assumption of risk
   2. Contributory negligence (where plaintiff failed to appreciate a known danger)
   3. Comparative negligence (where plaintiff’s unreasonable conduct caused the harm)
   4. That the activity was carried out with reasonable care
3. A person is injured by a neighbor’s escaped tiger, kept as a pet. Which statement is correct?
   1. The neighbor is strictly liable, even if all precautions were taken.
   2. The neighbor is liable only if negligent.
   3. The neighbor is liable only if the tiger had previously attacked someone.
   4. The neighbor is not liable if the tiger escaped due to an unforeseeable event.

Introduction

Strict liability is a tort principle where a defendant is held liable for harm caused by certain activities, regardless of the level of care exercised. Unlike negligence, strict liability does not require proof of fault. Instead, liability attaches because the law deems some activities or conditions so hazardous that losses should be borne by those who engage in them.

Key Term: Strict Liability Liability imposed for certain activities or conditions regardless of fault or intent; the plaintiff does not need to prove negligence or intent to harm.

When Does Strict Liability Apply?

Strict liability is limited to specific situations. The main categories are:

• Abnormally dangerous activities
• Liability for animals
• Defective products (covered separately in product liability articles)

Abnormally Dangerous Activities

Strict liability applies to activities that create a high risk of serious harm even when reasonable care is taken. These are called abnormally dangerous or ultrahazardous activities.

Key Term: Abnormally Dangerous Activity An activity that creates a foreseeable and highly significant risk of harm even when reasonable care is exercised, and is not common in the community.

Courts consider several factors to determine if an activity is abnormally dangerous:

• The activity involves a high degree of risk of harm.
• The likelihood that the harm will be great.
• The risk cannot be eliminated by reasonable care.
• The activity is uncommon in the area.
• The value to the community is outweighed by its dangerousness.

Common examples: use of explosives, storing large quantities of flammable liquids, crop dusting with toxic chemicals.

Liability for Animals

Strict liability may also arise from harm caused by animals.

Wild Animals

Owners of wild animals are strictly liable for harm caused by the animal, regardless of precautions taken.

Key Term: Wild Animal An animal that is not typically domesticated and is likely to cause injury, even if raised in captivity.

Domestic Animals

Owners of domestic animals (e.g., dogs, cats, livestock) are strictly liable only if they know or should know of the animal’s dangerous propensities.

Key Term: Dangerous Propensity A tendency of an animal to do something that may cause harm, which the owner knows or should know about.

Key Term: Scope of Strict Liability Liability is limited to harm that results from the risks that make the activity or animal dangerous.

Trespass by livestock (e.g., cattle, horses) onto another’s land causing damage also triggers strict liability.

Scope of Liability

Strict liability is limited to harm resulting from the type of risk that makes the activity abnormally dangerous or the animal dangerous. If the harm is not related to the dangerous aspect, strict liability does not apply.

Defenses to Strict Liability

Certain defenses may reduce or bar recovery in strict liability cases:

• Assumption of Risk: If the plaintiff knowingly and voluntarily encounters the risk, recovery is barred.
• Comparative Negligence: In some jurisdictions, the plaintiff’s share of fault reduces damages.
• Contributory Negligence: Generally not a defense unless the plaintiff’s conduct was knowing and unreasonable.

Key Term: Assumption of Risk A defense where the plaintiff voluntarily and knowingly exposed themselves to a known danger, barring or reducing recovery.

Worked Example 1.1

A demolition company uses explosives to bring down an old building. Despite all safety measures, debris damages a neighbor’s property. The neighbor sues for damages.

Answer: The demolition company is strictly liable for the property damage. Use of explosives is an abnormally dangerous activity, and strict liability applies even if the company exercised utmost care.

Worked Example 1.2

A homeowner keeps a pet wolf. The wolf escapes and bites a passerby. The homeowner argues that the wolf had never shown aggression and was kept securely.

Answer: The homeowner is strictly liable for injuries caused by the wolf. Wolves are wild animals, and strict liability applies regardless of the animal’s history or the owner’s precautions.

Worked Example 1.3

A farmer’s cow escapes and tramples a neighbor’s garden. The neighbor sues for damages. The farmer claims the fence was well maintained.

Answer: The farmer is strictly liable for the damage. Owners of livestock are strictly liable for property damage caused by trespassing animals, regardless of care taken.

Exam Warning

In strict liability cases, do not confuse the standard with negligence. The defendant is liable even if all reasonable precautions were taken. However, strict liability applies only to the specific risks that make the activity or animal dangerous.

Revision Tip

On the MBE, always check if the fact pattern involves an abnormally dangerous activity or a wild animal. If so, strict liability is likely to apply.

Key Point Checklist

This article has covered the following key knowledge points:

• Strict liability imposes liability without fault for certain activities or animals.
• Abnormally dangerous activities (e.g., blasting, toxic chemicals) trigger strict liability.
• Owners of wild animals are strictly liable for harm caused, regardless of precautions.
• Owners of domestic animals are strictly liable only if they know of dangerous propensities.
• Strict liability applies only to harm resulting from the dangerous aspect of the activity or animal.
• Defenses include assumption of risk and, in some jurisdictions, comparative negligence.

Key Terms and Concepts

• Strict Liability
• Abnormally Dangerous Activity
• Wild Animal
• Dangerous Propensity
• Scope of Strict Liability
• Assumption of Risk