What is strict liability?

Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities. The theory behind imposing strict liability on those conducting such activities is that these activities pose an undue risk of harm to members of the community. Thus, anyone who conducts such activity does so at his own risk and is liable when something goes wrong and someone is harmed. The people who create certain risks are thus made accountable. In strict product liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities and animal owner’s liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. In other words, the plaintiff only has to prove that a product is defective or unreasonably dangerous and that the defect caused the injury. It is not necessary to show that the manufacturer was careless or negligent, which is much more difficult to prove.

Other Personal Injury FAQs

Q: What is negligence?
A: In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a … More
Q: What does the term "liable" mean?
A: The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. … More
Q: What does the term "reasonable person" mean?
A: A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The … More
Q: What does "duty" mean in a negligence lawsuit?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More
Q: What is contributory negligence?
A: The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For … More
Q: What is comparative negligence?
A: Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a case where a person slips and falls on a … More
Q: What is the "assumption of the risk" doctrine?
A: If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence if you … More
Q: What happens in a deposition?
A: If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process … More
Q: What is "premises liability?
A: The term "premises liability" generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned … More