Mindmap of Strict Liability and Other Issues Within
Lineal Torts
September 6, 2007
Torts I
Prof. Eric E. Johnson, University of North Dakota School of
Law
strict liability
i.
Generally
1.
Under
special circumstances, liability may be imposed without a showing of negligence
or other form of culpability
ii.
Elements
1.
Absolute
responsibility for safety
a.
Trespassing
animals
b.
Wild
animals on property, to licensees and invitees
c.
Domestic
animals with known, uncommon, dangerous propensities
d.
Ultrahazardous
/ abnormally dangerous activities
i.
Factors
1.
Degree
of danger
a.
Risk
of serious harm
b.
Inability
to render safe
2.
Uncommonness
of activity in area
ii.
Examples
1.
Blasting
2.
Oil
drilling
3.
Fumigation
4.
Crop
dusting
e.
Defective
products
i.
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
a.
Generally
the same as for negligence, see above
3.
Proximate
causation
a.
Generally
the same as for negligence, see above
4.
Damages
a.
Generally
the same as for negligence, see above
other issues
i.
Standard
of proof
1.
Preponderance
of evidence
a.
For
each element of cause of action or affirmative defense
ii.
Remedies
1.
Damages
a.
Compensatory
i.
Special
ii.
General
b.
Nominal
c.
Punitive