Contaminated Food
Fifth Element of Contaminated Food
Injury suffered by plaintiff
First Element of Wild Animals
Defendant owned, kept, harbored a wild animal
*Defendant must've been the last to have kept the animal
First Element of Domestic Animal
Defendant kept, possessed, or harbored domestic animal (need not own)
First Element of S. L.
Defendant undertook certain activity
Factor (a)
Existence of high degree of risk of some harm
Fourth Element of Contaminated Food
Contamination of the product was a cause
Fourth Element of Wild Animal
Harm to Plaintiff's person or property
Fifth Element of Domestic Animal
Harm to plaintiff's person or property
Second Element of S. L.
Factor (b)
Some likelihood that the harm will be great
Second Element of Contaminated Food
The food was contaminated by: poison, putrefaction, or foreign objections.
Third Element of Wild Animal
Second Element of Domestic Animal
An abnormally dangerous domestic animal
Fourth Element of S. L.
Causation
Factor (c)
Inability to eliminate the risk by exercise of reasonable care
*Defendant can be held negligent if not liable
Third Element of Contaminated Food
The food reached the plaintiff in substantially condition from the manufacturer
Harm than wildness --> not strict liability (can be negligence)
Third Element of Domestic Animal
Scienter
*Actual or constructive knowledge of dangerousness
Fifth Element of S. L.
Harm to Plaintiff
Factor (e)
Extent to which the activity's value to the community is outweighed by its dangerous attributes
First Element of Contaminated Food
Defendant manufactured or sold the food.
Second Element of Wild Animal
Fourth Element of Domestic Animal
Causation - resulting from abnormal dangerousness
Third Element of S. L.
One or more of risks associated w/ activity make it ultrahazardous
Factor (d) & (e)
(e) - inappropriateness of the activity to the place where it is carried on