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Strict Liability 

             Even though it is not very common a personal injury claim can arise as a result of trespassing livestock.  It does not matter how careful the possessor of the livestock is.  If the possessor trespasses and the livestock cause injury to the possessor of the land or his family the possessor of the livestock is liable regardless of how much care was taken.    Most personal injury attorney are unlikely to have heard of such an incident and most states there is very little chance that the public is even exposed to livestock.   When a personal injury attorney applies this theory to a personal injury the attorney would likely find that there a few exceptions.  There are a few exceptions which includes harm that is not reasonably expected from the intrusion, harm done by straying animals on abutting land; or harm caused by nature, another animal, or intentional acts of a third party.  

              A personal injury claim can also arise from strict liability when the wrongdoer is in possession of a wild animal and the wild animal causes injury to the personal injury claimant.   It does not matter how much care the possessor of the wild animal exercises liability arises and personal injury claim can be made when injury results from the wild animal’s dangerous propensity.  A possessor of an abnormally dangerous domestic animal is strictly liable when the possessor of the domestic animal knows or has reason to know the animal has dangerous propensities abnormal that type of animal.  Liability is limited to harm that can result from the abnormally dangerous propensity which the possessor knows or has reason to know.  If a possessor or harborer of a domestic animal that the possessor does not know and has no reason to know is abnormally dangerous is liable only if he intentionally caused the animal to do the harm or is negligent in failing to prevent the harm.   These principals are nationwide, but each state has different laws and in California a dog bite is a strict liability incident giving rise to a personal injury claim. 

              Another legal theory for strict liability that is often employed by attorneys is the abnormally dangerous activities personal injury claim.  When a person carries on abnormally dangerous activities that cause harm to a person, the personal can bring a viable personal injury claim.  Most personal injury attorneys do not across these type of cases on a regular basis and what is considered abnormally dangerous activities varies from state to state.  Generally the type of harm to which the strict liability theory for abnormally dangerous activities arises applies is personal injury that is probable to result from the abnormally dangerous activity.   Explosives exploding unexpectedly and causing severe injury or death would give rise to a personal injury claim, but tripping on explosives and fracturing a bone from the hard fall would not give rise to a personal injury claim under a strict liability theory. 

               To determine if an activity is abnormally dangerous several factors are often considered, depending on the specific state where the personal injury claim or lawsuit is made.  These factors are the existence of a high degree of a risk or personal injury or harm; the likelihood that the personal injury or harm that results will be severe; the inability to eliminate the risk by reasonable care; the inappropriateness of the activity to the particular place; the extent to which the activity is not commonly done; the weighing of the value to the community relative to the dangerous characteristics of the activity.  Abnormally dangerous refers to things which carry unusual risks that normally undertaken by the community.  Activities that have been deemed abnormally dangerous and gives rise to a personal injury claim include personal injury from objects dropping or falling from planes as well as injury caused by the flight of a plane.  This is also subject to vary from state to state depending on the specific laws of the state.  Even though such a possibility does not seem all that possible, these types of events do happen and some personal injury attorneys have received inquiries from prospective personal injury claimants regarding injury resulting from small planes landing or colliding with their vehicles on the freeways.  Persons that carry on abnormally dangerous activities can become liable to a personal injury claimant even when there is a contributing factor from a third person, an animal or a force of nature.  The wrongdoer becomes liable if there is resulting personal injury as a result of an unexpected innocent, negligent or reckless conduct of a third person, or an act of an animal or an act of nature.   One of a few defenses available to the wrongdoer is when the personal injury claimant assumed the risk of personal injury from the abnormally dangerous activity.  In these instances the personal injury claimant cannot recover for his personal injuries.  The risk is assumed by one who takes part in the activity as an employee, a contractor, a business partner, or enterprise partner, or as the employer of a contractor.   The prospective personal injury claimant may also knowingly assume the risk by putting himself at risk of injury such as entering the land or facility where the danger exists.   For the assumption of risk defense to apply the personal injury claimant must have entered voluntarily and not have entered by force or threat.   Usually contributory negligence is not a defense to a personal injury claimants claim, unless the personal injury claimant knowing and unreasonably subjected himself to the risk.  One last defense available is when the personal injury claimant is unusually sensitive to the abnormally dangerous risk, such as an allergy that would cause severe injury or death when exposed to a particularly dangerous activity that uses a particular chemical that the personal injury claimant is allergic to.   In some states abnormally dangerous activities are common place and most personal injury attorneys would be well versed and experienced in these type of personal injury claims.  In some states abnormally dangerous activities are a rarity and personal injury attorneys would not be as well equipped or experienced to deal with such a personal injury claim.

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