Strict liability: Overview, definition and example
What is strict liability?
Strict liability is a legal rule that holds a person or business responsible for harm or damages, regardless of whether they were at fault or acted negligently. If strict liability applies, the injured party doesn’t need to prove that the other party was careless or intentionally caused harm—just that the harm occurred.
For example, a manufacturer of a defective product can be held strictly liable if the product causes injury, even if the manufacturer didn’t know about the defect.
Why is strict liability important?
Strict liability is important because it ensures accountability, especially in situations where public safety is at risk. It encourages businesses to take extra precautions to prevent harm, knowing they can be held responsible even if they weren’t negligent.
For injured parties, strict liability makes it easier to seek compensation because they don’t have to prove fault—only that the harm happened and was caused by the other party’s actions or product.
Understanding strict liability through an example
Imagine a pharmaceutical company releases a new drug that unexpectedly causes harmful side effects. Even if the company followed all regulations and didn’t know the drug could cause harm, they could still be held strictly liable for injuries caused by the drug.
In another case, a construction company uses explosives to demolish a building. Even if the company takes all safety measures, they might be held strictly liable for any damage caused to nearby properties because of the inherently dangerous nature of the activity.
An example of a strict liability clause
Here’s how a strict liability clause might look in a contract:
“The Manufacturer shall be strictly liable for any damages or injuries resulting from defects in the Product, regardless of whether the Manufacturer exercised reasonable care during production.”
Conclusion
Strict liability holds parties accountable for harm or damage, even if they didn’t act negligently or intentionally. It’s a powerful legal principle that promotes safety and fairness, especially in cases involving inherently risky activities or products.
By understanding strict liability, businesses can take proactive steps to reduce risks, comply with regulations, and protect themselves from potential claims. It’s a reminder that accountability often extends beyond fault.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.