What is a primary factor in establishing prima facie strict liability?

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In the context of strict liability in tort law, the primary consideration is the absolute duty that the defendant has to ensure that a certain activity or condition is safe, regardless of the precautions taken or intentions behind the actions. This means that if a defendant engages in inherently dangerous activities or owns a dangerous item, they can be held liable for any resulting harm caused by that activity or item, without the need to prove negligence or intent to cause harm.

The essence of strict liability is that it imposes liability based on the nature of the activity itself rather than the conduct of the defendant. Therefore, the defendant's duty is not merely to exercise reasonable care (as would be the case in negligence); instead, it is an absolute duty that engages the liability of the defendant once harm occurs under certain conditions, implying the hazardous nature of the conduct.

In contrast, the other options involve considerations that do not apply to strict liability. The defendant's intention to cause harm is relevant in torts relating to intent or negligence but is not necessary for establishing strict liability. Similarly, the existence of a recognized duty plays a role in negligence claims but is not the defining factor for strict liability. Finally, subjective standards of care are incompatible with strict liability, as this doctrine operates independently of

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