Basis for: The basis for strict liability is that those who engage in certain kinds of activities
Question:
Basis for: The basis for strict liability is that those who engage in certain kinds of activities do so at their own peril, and must pay for any damage that foreseeably results, even if the activity has been carried out in the most careful possible manner. Our society has made the judgment that such activities should “pay their own way.” This judgment stems in part from the belief that it is generally easier for the defendant to bear the loss (probably through liability insurance) than for the injured plaintiff to do so.
Animals: Court impose strict liabilities on the keepers of certain animals. If an animal is “wild,” there is strict liability for any damage that results from a “dangerous propensity” of that species. If an animal is “domestic,” there is only strict liability where the owner knows or has reason to know of the particular animal’s dangerous characteristics.
Abnormally dangerous activities: One who carries out an abnormally dangerous (or “ultra-hazardous”)
activity is strictly liable — liable without regard to whether he is at fault — for any damage that proximately results from the dangerous nature of the activity.
Workers’ compensation: All states have enacted “Workers’ Compensation” statutes. These statutes basically establish a strict liability scheme for on-the-job injuries.
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