Torts Rules 3

• Duty to make plaintiff's person safe
• breach
• actual and proximate causaction
• damages

• Dangerous activities
• Animals
• Defective or dangerous products

NY: also applies strict liability through its sacaffolding law to contractors, owners and their agents for heigh-related injuries caused by failure to use proper safety measures.

• not commonly engaged in
• inherently involves risk of serious harm
• cannot be performed with complete safety

Liability limited to kind of harm expected to be caused by the activity and to FORESEEABLE plaintiffs.

NOT for tresspassers, except injuries inflicted by a vicious watchdog.

Strict liability for wild animals, as long as plaintiff did not knowingly bring about the injury

Strict liability for domestic animals if owner knows of animal's dangerous propensity

• Comparative fault
• Assumption of risk
• Statutory privilege

Contributory negligence is not a defense to strict liability