Académique Documents
Professionnel Documents
Culture Documents
5.
STRICT
LIABILITY To
show
prima
facie
cause
of
strict
liability;
(a)
absolute
duty,
(b)
breach
of
duty,
(c)
actual
and
proixmate
cause,
and
(d)
damage.
The
owner
is
liable
for
the
damage
done
by
wild
animals
(lion,
bear
or
any
other
never
tamed
animal)
as
long
it
was
reasobaly
foreseeable.
For
the
case
of
house
holds
pets,
must
be
shown:
5.1
ANIMALS
the
previous
knowledge
of
the
dangeous
propensities
of
the
animal
because
like
previous
bite
or
in
absence
of
that
barking,
its
bared
teeth.
GHERTS
V.
BATTEEN
(S.D.
2001)
This is a case in which plaintiff sues defendant for damages in strict liability and negligence because the
defendant's dog bit his daughter while she was in the defendant's house. Plaintiff failed to show that the
strict liabilty case was maintainable because the statute provided such liablity en cases of livestock damages
no for injuries to children; on the negligence count, the defendant failed to prove the danger of the dog and
the "lack of care" exercised by defendant in restraining the dog. The court affirmed the summary judgment
for
the
defendant.
PRECEDENTS
HOSSENLOOP
V.
CANNON
(S.C.
"The
overwhelming
of
states
that
imposes
strict
liability
for
injuries
caused
1985) by
dogs
have
done
so
through
legislative
mandate."
CAL.
CIVIL
CODE
3342 Strict
liability
on
domestic
or
poultry
animals
for
damages
to
livestock.
PRECEDENTS
NELSON
V.
AMERICAN-WEST
"Judge Hand found for plaintiff when a drunken boatswain ficght with
AFRICAN
LINE
(2nd.
CIR.
1936) another
man
thinking
he
was
acting
in
the
interest
of
the
ship."
BLUM
&
KALVEN,
PUBLIC
LAW
The fact that the defendant (employer) is better able to afford damages is
PERSTECTIVES
ON
A
PRIVATE
LAW
not
alone
sufficient
to
justify
legal
responsibility
PROBLEM
(1965)
HARTFORD
ACCIDENT
&
Expressions of human nature are incidents inseparables from working
INDEMNITY
CO.
V.
CARDILLO
(D.C.
together. They involve risks of injury and these risks are inherent in the
CIR.
1940) working
enviroment."
"It is all a question of expediency of a fair judgment, always keeping in
PALSGRAF
V.
LONG
ISLAND
R.R.
mind the fact that we endeavor to make a rule in eache case that will be
CO
(N.Y.
1928) practical
and
in
keeping
with
the
general
understanding
of
mankind"
PRECEDENTS
GILBERT
V.
SYCAMORE
"Vicarious liability can attach to a hospital for the medical malpractice of
MUNICIPAL
HOSPITAL
(III.
1993) its
physicians
under
the
apparent
authority
doctrine."
Doctrine of Implied Authority, two elements of control: (1) the right to
AMICUS
ILLINOIS
STATE
MEDICAL
make prospective decisions of medical necessity, and (2) the right to
SOCIETY refuse to pay for health care the HMO perceives to be inappropriate or
outside
the
scope
of
its
policy.