A defendant is not strictly liable if the harm that occurs results from the plaintiff conducting an abnormally sensitive activity.

Question

Quizplus · Accepted Answer

Strict liability applies regardless of the defendant's intent or negligence, but if the plaintiff is engaged in an abnormally sensitive activity, the defendant may not be held strictly liable for harm that results from that sensitivity. This is because strict liability is typically applied to inherently dangerous activities or defective products, not to situations where the harm is significantly contributed to by the plaintiff's unusual vulnerability.

A Defendant Is Not Strictly Liable If the Harm That