Strict Liability for Dangerous Animals
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- Date Submitted: 02/12/2015 10:09 PM
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Doing well in this class is all about the facts.
Deciphering understanding the facts.
Analysis of the facts and application.
Forming the conclusion based on the facts.
Defendant's motion of dismissal prior to a trial is known as “Demurrer” which simply means even if all fact stated by the plaintiff, are true, the defendant still have no liability.
Defendant's motion for “Summary Judgment” comes after discovery and exchange of information. Also, depositions, comprising all the information that would be heard in a trial argues that the plaintiff has not come up with enough evidence to win a verdict. Assuming all the facts are true and believable.
Also, remember that the court gives the benefit of the doubt to the plaintiff or one bringing the suit.
Directed Verdicts, is made before or after the jury decision, and is simply a request for judgment notwithstanding the verdict, quite possibly because the judge gave the jury incorrect instructions.
Also, can simply state. As a matter of the law, defendant cannot be found guilty.
Anecdotes-
Strict Liability.
Liability for Animals
Rule owners of wild animals are strictly liable for damage caused by their animals to others.
Ferac Natuurae “Wild”
Domitae Naturae “Tame”
Restatement (Second) of Torts
1) One who carries on an abnormally dangerous activity is subject to liability for form to the person, land, or chattels of any of another resulting from the activity, although he had executed the utmost care to prevent the harm.
2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.
Abnormally dangerous activities.(factors)
a) existence of a high degree of risk of some harm to persons land are chattels of others
b) likelihood that the harm that results from it 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...
Deciphering understanding the facts.
Analysis of the facts and application.
Forming the conclusion based on the facts.
Defendant's motion of dismissal prior to a trial is known as “Demurrer” which simply means even if all fact stated by the plaintiff, are true, the defendant still have no liability.
Defendant's motion for “Summary Judgment” comes after discovery and exchange of information. Also, depositions, comprising all the information that would be heard in a trial argues that the plaintiff has not come up with enough evidence to win a verdict. Assuming all the facts are true and believable.
Also, remember that the court gives the benefit of the doubt to the plaintiff or one bringing the suit.
Directed Verdicts, is made before or after the jury decision, and is simply a request for judgment notwithstanding the verdict, quite possibly because the judge gave the jury incorrect instructions.
Also, can simply state. As a matter of the law, defendant cannot be found guilty.
Anecdotes-
Strict Liability.
Liability for Animals
Rule owners of wild animals are strictly liable for damage caused by their animals to others.
Ferac Natuurae “Wild”
Domitae Naturae “Tame”
Restatement (Second) of Torts
1) One who carries on an abnormally dangerous activity is subject to liability for form to the person, land, or chattels of any of another resulting from the activity, although he had executed the utmost care to prevent the harm.
2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.
Abnormally dangerous activities.(factors)
a) existence of a high degree of risk of some harm to persons land are chattels of others
b) likelihood that the harm that results from it 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...