Also known as: highest degree of care · utmost care · highest standard of care
Written by attorneys · grounded in primary & secondary sources — see below
An elevated standard of care applicable to possessors of wild animals, keepers of dangerous domestic animals, and those engaged in abnormally dangerous activities, under which liability for resulting harm attaches even though the defendant exercised the utmost care to prevent it.
Hudson Partners kept a tiger in a reinforced enclosure at its wildlife exhibit and conducted daily inspections plus multiple layers of fencing. During a storm the tiger escaped and injured a visitor. Hudson Partners is held liable even though it had exercised the utmost care to prevent escape.
Heritage Trust kept a dog it knew had previously attacked people. The dog bit a delivery driver on the property. Heritage Trust remains liable although it had exercised the utmost care to restrain the animal.
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Hammer Construction stored large quantities of volatile chemicals on its site. A leak injured neighboring property owners. Hammer Construction is liable even though it had exercised the utmost care to prevent any release.
Hudson Partners maintained livestock behind multiple fences and conducted daily checks. During a storm several cattle crossed onto neighboring land and damaged crops. Hudson Partners is held liable even though it had exercised the utmost care to prevent intrusion.
View Move operated a small aircraft that crashed into a home after an engine failure. The owners had performed all recommended inspections. View Move is liable even though it had exercised the utmost care to prevent the harm.
Heritage Trust displayed a lion in a specially designed enclosure with multiple barriers. The lion escaped during a power outage and injured a passerby. Heritage Trust remains liable although it had exercised the utmost care to confine the animal.
No. Common carriers must meet the highest care standard, yet liability can still attach if that standard is not satisfied or under strict liability rules that apply regardless of care taken.
The highest care standard requires greater vigilance and precaution than the reasonable person standard because passengers entrust their safety entirely to the carrier.
The duty applies primarily to fare-paying passengers. Bystanders are usually governed by ordinary negligence standards unless another doctrine such as strict liability intervenes.
…to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent such harm. (2) Such strict liability is limited to the kind of harm, the risk of which makes the activity abnormally dangerous. As to what constitutes an abnormal activity,…