Strict liability is a legal doctrine that makes a person responsible for the damage and loss caused by his or her actions and omissions regardless of culpability. Strict liability is important for torts, corporation law, and criminal law.
In torts, strict liability imposes liability on a party without finding of fault, like negligence or tortious intent. The plaintiff needs to prove that the tort happened and that the defendant was responsible.
Strict liability is different from absolute liability. In absolute liability, only a guilty act is required. With strict liability, a guilty act and a guilty mind are required. In strict liability situations, while the plaintiff does not have to prove fault, the defendant can raise a defense of absence of fault.
A classic example of strict liability is the owner of a tiger rehabilitation center. Regardless of how strong a tiger cage is, if an animal escapes and causes injury, the owner is held liable. Another example is a contractor hiring a demolition subcontractor that lacks proper insurance. If the subcontractor lacks the proper insurance, the contractor is strictly liable for any damage that occurs.
The law creates strict liability for situations where there is inherent danger. It discourages reckless behavior and needless loss by forcing potential defendants to take every possible precaution. It also simplifies litigation and allows a victim to become more whole more quickly.
If you have been injured due to someone’s fault, contact the Lake Geneva personal injury lawyers of Habush Habush & Rottier S.C. ® at 1-800-275-1729.