Tort Components: Strict Liability

Modified on 2009/10/14 21:33 by admin
Under the legal theory of strict liability, if the Defendant is participating in an abnormally hazardous activity, then the Defendant will be absolutely liable for any harm he causes as a result of his participation, regardless of how careful the Defendant was. For instance, if the Defendant is a company that is in the business of producing nuclear power, then the Defendant company may be liable for any accident that occurs regarding the nuclear power plant. Even if the Defendant was as careful as possible and took all reasonable precautions, the Defendant will still be liable for any damages or injury caused as a result of the accident. Other situations when strict liability lawsuits are utilized by Plaintiff lawyers:

1. Injury caused by an animal. If a domesticated animal, i.e. a pet, injures the Plaintiff, and the owner of the pet knew that the pet was dangerous, then the owner will be strictly liable for the injury caused by his pet. Typically this arises in dog bite cases where the dog owner knows that his dog is dangerous. Even if the owner takes all reasonable precautions to ensure that the dog will not bite, if it does, the owner, although not negligent (because he was careful), is nevertheless liable for any injury caused. The rules regarding strict liability and dog bites vary from state to state, therefore it is important to contact a lawyer if you have any questions.

2. When a manufacturer, assembler, wholesaler, or retailer places a defective or unreasonably dangerous product in the marketplace and that product causes an injury, the manufacturer, assembler, wholesaler, or retailer may be strictly liable for such injury. See products liability.

See Also

  1. About Personal InjuryTorts
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