Strict Liability

Strict Liability

Strict liability is a legal term for when a person is made responsible for the damage and loss caused by his/her acts and omissions regardless of fault. Strict liability is important in product liability, corporations law, and criminal law.

Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant’s object that caused the damage

In strict liability, neither liability based on intended harm (intentional torts such as assault) or where harm occurs as a result of negligence are required.

Strict liability is sometimes called absolute liability to distinguish those situations where, although the plaintiff does not have to prove fault, the defendant can raise a defence of absence of fault.

The law applies strict liability to situations it considers to be inherently dangerous. It discourages reckless behaviour and needless loss by forcing potential defendants to take every possible precaution. It also has the effect of simplifying litigation and allowing the victim to become whole more quickly.

The concept of strict liability is also found in criminal law, though to a lesser extent. Strict liability often applies to motor vehicle traffic offenses. In a speeding case, for example, whether the defendant knew he or she was exceeding the posted speed limit is irrelevant. The prosecutor would need only prove that the defendant was indeed operating the vehicle in excess of the speed limit.