Strict liability can make a person or organization legally responsible for harm without requiring proof of negligence or intent. This lesson explains how the principle works in tort law, why it applies to certain dangerous activities, and how defenses and related doctrines affect liability.
In tort law, strict liability is liability imposed without a finding that the defendant was at fault, such as through negligence or tortious intent. In general, the claimant must establish that the relevant tort occurred and that the defendant was responsible; proving carelessness is not required.
All flashcards
What is strict liability in tort law?
It is legal responsibility for specified harm without requiring the claimant to prove negligence, intent, or other fault.
What is an ultrahazardous activity?
It is an activity that courts treat as exceptionally dangerous for purposes of liability. Examples historically recognized by US courts include blasting, crop dusting, and fumigation with cyanide gas.
What principle is illustrated by Rylands v Fletcher?
A person who keeps on their land something likely to cause harm if it escapes may be answerable when it escapes and causes damage.
What might a product-liability defendant argue?
The defendant may argue that the claimant's actions caused the defect, or that an accident alone does not establish that the product was defective.
How is absolute liability distinguished from strict liability here?
Due diligence may provide a defense to strict liability, but absolute liability requires only proof of the actus reus and is not avoided by that showing.
Quiz questions
What must a claimant generally establish in a tort claim based on strict liability?Answer: That the tort occurred and the defendant was responsible, without proving fault.
Why does tort law impose strict liability for some activities?Answer: Some activities are classified as inherently dangerous, and liability can encourage precautions.
Which situation best illustrates the rule in Rylands v Fletcher?Answer: A dangerous thing kept on land for the owner's purposes escapes and causes damage.
For a strict-liability speeding offense, what must the prosecutor generally prove?Answer: That the defendant drove faster than the posted speed limit.
Based on the Wikipedia article Strict liability, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.