Section 16.6 Nuisance, Trespass, and Negligence
| Library | Tort Law 2016 |
D. (§16.6) Nuisance, Trespass, and Negligence
Strict liability is not as commonly used as theories of nuisance, trespass, and negligence; however, strict liability could apply even when a defendant has used great care to prevent harm. As such, the potential application of strict liability should be considered in evaluating cases.
A petition or complaint may contain multiple counts, including a claim based on strict liability, especially if it is unknown whether an activity is ultrahazardous or abnormally...
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