Strict Liability
From Torts Wypadki
- Generally
- Under special circumstances, liability may be imposed without a showing of negligence or other form of culpability
- Elements
- Absolute responsibility for safety
- Trespassing animals
- Wild animals on property, to licensees and invitees
- Domestic animals with known, uncommon, dangerous propensities
- Ultra-hazardous / abnormally dangerous activities
- Factors
- Degree of danger
- Risk of serious harm
- Inability to render safe
- Uncommonness of activity in area
- Examples
- Blasting
- Oil Drilling
- Fumigation
- Crop Dusting
- Defective Products
- Defendant must be a "commercial supplier" of the product at issue
- Manufacturers, wholesalers, and retailers are commercial suppliers
- Not casual sellers
- Actual Causation
- Generally the same as for negligence, see above
- Proximate Causation
- Generally the same as for negligence, see above
- Damages
- Generally the same as for negligence, see above