Strict liability is a division of negligence law that holds manufacturers of defective products and owners of dangerous animals or property responsible for physical injuries caused by their products, animals or property. The theory behind strict liability is that manufacturers and owners are in a better position than the general public to anticipate potential hazards of their products, animals or property, and to protect against any possible physical injuries.
To fall under the umbrella of strict products liability, a product must be defective at the time it left the hands of the manufacturer or seller. "Products" do not include real property or used products, and only sometimes include body parts/blood, live animals, textual material, and prescription drugs. Strict products liability "defects" comes in three forms: design defects, manufacturing defects and failure-to warn defects. Strict products liability suits may be barred or rewards diminished based on gross and unanticipated misuse of a product by a consumer, or when a consumer knowingly and voluntarily assumes the risk of being injured by the product. While strict products liability redresses physical injuries caused by defective products, it does not extend to compensate for damage or destruction to the defective product itself. Such an action would sound in contracts law instead of negligence law.
Many states have laws that hold animal owners strictly liable for physical injuries caused by dangerous animals. "Dangerous" animals fall under two general categories: 1) wild animals; and 2) particular animals that are dangerous, even though they are of a type that is not usually dangerous.
Property owners are typically held strictly liable for injuries caused by ultra-hazardous activities conducted on their property. For an activity to qualify as "ultra-hazardous," it must be unduly dangerous and inappropriate in the location where it is being maintained. For example, when a reservoir maintained in a mining community malfunctions and floods the mines, the owner of the reservoir will be held strictly liable for the damage caused.
If you are a property owner, you may also benefit from strict liability because trespassers are typically held strictly liable for any damage caused to property during the course of their trespass. Therefore, even accidental damage will be compensated.
Please note that even if an action does not fall under the category of strict liability, it could still be successful as an ordinary negligence suit. Click here for more information or a free consultation.
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