Which of the following is a defense that a defendant could raise in an action based on strict liability?
A)The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations.
B)The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged.
C)A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten.
D)All of the above are valid defenses which would be successful if raised by the defendant.

Question

Quizplus · Accepted Answer

Strict liability means that the defendant is liable regardless of fault. However, the defendant can raise certain defenses. In option A, the plaintiff's negligence is not a valid defense as strict liability does not consider the plaintiff's actions. Option C is also not a valid defense as the actions of the child do not affect the strict liability of the neighbor. Option B is a valid defense as the owner of the car voluntarily placed the car in the blasting zone, assuming the risk of damage.

Which of the Following Is a Defense That a Defendant