Abnormally dangerous activities Bar Exam Flashcards - Medical Study Cards
Master Abnormally dangerous activities with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Abnormally dangerous activities Flashcard Deck - 8 Cards
Flashcard 1: What is the effect of a plaintiff’s trespass in an abnormally dangerous activity or animal case?
Answer: Under the majority rule, trespass may limit recovery when the plaintiff’s presence was unforeseeable, because strict liability generally covers only foreseeable plaintiffs and foreseeable harm. A plaintiff’s contributory negligence usually is not a defense unless it consists of knowingly and unreasonably encountering the specific risk.
Flashcard 2: What is the scope of strict liability for an abnormally dangerous activity when the defendant transfers the activity to another location?
Answer: The defendant is strictly liable only for harm resulting from the abnormally dangerous aspects of the activity, not for every injury occurring during it. The activity must remain abnormally dangerous in the place and circumstances where it is conducted.
Flashcard 3: For what types of harm is a defendant strictly liable for an abnormally dangerous activity?
Answer: Under the majority Restatement rule, liability is limited to harm resulting from the kind of risk that made the activity abnormally dangerous; the defendant is not liable for unrelated or unforeseeable types of harm.
Flashcard 4: What six factors determine whether an activity is abnormally dangerous under the Restatement majority rule?
Answer: The factors are: high risk of harm; likelihood that the harm will be great; inability to eliminate the risk with reasonable care; uncommon usage; inappropriateness of the activity to the location; and the activity’s value to the community compared with its dangerous attributes.
Flashcard 5: What defenses generally apply to strict liability?
Answer: Assumption of risk is a defense when the plaintiff knowingly and voluntarily encounters the relevant risk, and comparative responsibility may reduce damages for the plaintiff’s negligent contribution where the jurisdiction permits it. Mere failure to exercise reasonable care is generally not a complete defense.
Flashcard 6: What is the general rule for strict liability?
Answer: A defendant is liable for harm caused by specified conduct or conditions without regard to negligence or intent. The plaintiff must still prove causation, damages, and any applicable limitations or defenses.
Flashcard 7: What must a plaintiff prove for strict liability arising from an abnormally dangerous activity?
Answer: The plaintiff must show that the defendant engaged in an abnormally dangerous activity, the activity caused the plaintiff’s harm, and the harm resulted from the kind of risk that made the activity abnormally dangerous. Liability generally extends only to foreseeable victims and foreseeable types of harm.
Flashcard 8: What is the majority rule for liability when a wild animal injures someone?
Answer: An owner or possessor is strictly liable for harm caused by a wild animal’s dangerous propensity, even if the owner used reasonable care. The plaintiff generally must show that the harm resulted from the type of danger characteristic of the animal.
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