Torts II Outline

TORTS II
Strict Liability
·         Strict Liability is the imposition of liability upon an actor despite an absence of any fault/neg.
 
1.      Abnormally Dangerous Activities
a.      (Ryland’s v. Fletcher – Water Tank/ flooded neighbor)
 Rule: Where an actor creates an abnormally dangerous condition or activity he is strictly liable for natural consequences of its escape
·         Exception: Vis major – Acts of God
 
§ Natural v. “nonnatural” uses of land
·         Large tanks of water à liability
·         Water in Pipes à no liability
 
§ (Rylands) Limited to when Something Escapes the Defendants land
 
o   Modern Trend à accept rule in Rylands
§ Modern cities make it more likely escape will cause neighbors harm
§ Party that creates danger should bear burden of cost
o   Factors à circumstances & surroundings
 
b.      Miller v. Civil Constructors (escape)
Rule: § 519 & 520
 
1.       RST § 519 – One who carries on an abnormally dangerous activity is subject to strict liability even if he exercised the utmost care to prevent harm.
2.      RST § 520 – Factors to determine if an activity is abnormally dangerous.
a.      Existence of a high degree of risk of some harm to the person, land, or chattels of others;
b.      Likelihood that the harm that results will be great;
c.       Inability to eliminate the risk by the exercise of reasonable care;
d.      Extent to which the activity is not a matter of common usage;
e.      Inappropriateness of the activity to the place where it is carried on; and
f.        Extent to which its value to the community is outweighed by its dangerous attributes.
 
·         Two or more factors present then activity is “ultrahazardous”
 
§ “The essential Question is whether the risk created is so unusual, either b/c of its magnitude or b/c of the circumstances surrounding it, as to justify the imposition of S/L
§ Courts may also look to Public Policy
 
 
c.       Indian Harbor Belt R.R. v. American Cyanamid
 
Rule:
§ S/L is imposed as a matter of public policy to reduce an activity or encourage them to do something different b/c the activity cannot be done safely.
o   Analysis à Start w/ Factor RST §520 (c) à determine if neg or S/L
 
§ Abnormally dangerous activities
·         Sale of Firearms Not a subject of strict liability
§ Common Usage
·         Transmission of electricity/gas
·         Driving automobile
 
2.      Limitations on S/L
a.      Foster v. Preston (PROXIMATE CAUSE)