| STRICT LIABILITY Strict Liability - means that the defendant is liable to the plaintiff regardless of fault (breach of duty). Even if the defendant acted in a reasonable and prudent manner and took all the precautions necessary, liability is imposed without proof of fault. Strict liability is applied to ultrahazardous activities, to harm caused by dangerous animals, to the manufacture and sale of defective products. To prove strict liability, you must only prove causation and damages. Dangerous Activities Activities are considered unreasonably dangerous when they involve a risk of harm that cannot be eliminated even by reasonable care. These activities may be socially useful or necessary, but because of their potential for harm, those who conduct them are held to the strict liability standard. Animals Law has traditionally held owners strictly liable for any harm caused by their untamed animals. The situation differs, however, for household pets. In most states, an owner of a pet is strictly liable only if he or she knew that the pet was dangerous or destructive. However, even the first bite by a pet with no history of bad behavior can result in liability if the owner is negligent. Defective Products As a matter of public policy, manufacturers and sellers are frequently held strictly liable for harm caused by their products. This is meant to create a strong incentive for companies to design safe products, test products thoroughly before placing them on the market, and include clear directions and warnings on products. Courts are reluctant to apply strict liability to unavoidably unsafe products whose benefits outweigh the dangers. For example, if the benefits of a vaccine outweigh the danger, strict liability will not apply. Defenses There are very few defenses in strict liability cases. 1. The defendant�s best strategy may be to argue that the plaintiff should have to prove negligence and that sound public policy does not require the use of a strict liability standard. 2. Defendant could attempt to show that there is no causation or there are no damages. 3. In product liability cases, manufacturers or sellers may have a defense if the consumer misuses a product or ignores clear safety warnings. Courts do however, require manufacturers to anticipate some misuse and to make products safe against any misuse that is foreseeable. |