Torts 3

• Existence of an absolute duty on part of ∆ to make safe
• Breach of that duty
• Breach of the duty was the actual and proximate cause of π's injury
• Damage to the π's person or property

• Domestic Animals: No strict liability unless ∆ knows in advance of vicious propensities
• Wild Animals: Strictly liable for injuries inflicted upon licensees and invitees
• Trespassers: No strict liability can be imposed by a trespasser. However, a trespasser may have an intentional or negligence (possessor of land) claim for injuries inflicted by vicious watchdogs (think "spring-gun")

• Activity creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and
• The activity is not a matter of common usage in the community.

• 1: Strict duty owed by a commercial supplier of a product
• 2: Breach of the duty;
• 3: Actual and proximate cause; and
• 4: Damages

Any commercial supplier of goods who routinely deals in those goods—Casual sellers or lessors will not be held strictly liable.

Product must be defective, and the defect must make the product unreasonably dangerous

• Manufacturing defects
• Design defects
• Inadequate warnings or instructions

Must show that the defect existed when the product left the control of the ∆ commercial supplier—i.e., no alterations within the ∆'s control