Strict Liability

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