TL - Products/Strict Liability (Lesson)

Products/Strict Liability

Introduction

Covered within tort law, there are oftentimes situations where the law imposes liability on defendants who are neither negligent nor guilty of intentional wrongdoing. This is referred to as strict liability or liability without fault. Activities under strict liability are activities that are useful and necessary but that can be very dangerous to society. For example, transporting hazardous materials. Accidents may happen with this type of transport but generally not with an intent to harm anyone. Strict liability is the branch of tort law that regulates these type activities.

More Details: Strict Liability

In 2017, headlines included the construction of the new Mercedes-Benz Stadium in Atlanta, Georgia. The process of construction of the new stadium involved the demolition of the Georgia Dome. This involved a very complex explosive demolition process. This is an excellent example of how the element of strict liability could come into play. This process was necessary in the final stages of completion and access to the new stadium. It was certainly dangerous and posed great risk for workers as well as spectators who were marveled by the activity. Even though those responsible would most likely never have intent to cause any harm, it was their responsibility to use every precaution to keep the public safe.

Review the presentation below for more specific details pertaining to strict liability.

Let's Review!

Take a moment to participate in the following activity to practice your understanding of the topics in this module.  Reach out to your instructor if you have any questions.

Final Thoughts

Strict liability applies in situations where the law imposes liability on defendants who are neither negligent nor guilty of an intentional tort. This legal doctrine imposes liability merely by the defendant engaging in a particular activity that resulted in injury. Strict liability is necessary because certain actions are so ultra-hazardous that the defendant is responsible regardless of the level of care he or she exercises. If a person engages in activities of this type and someone is injured as a result, the person will be liable regardless of the precautions taken. Some examples of this type of activity include: ownership of dangerous animals, dusting crops with dangerous chemicals, and storing flammable liquids in large quantities.

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