Mar 19, 2009

Strict Liability Tort

Strict Liability TortStrict liability law applies to any manufacturers who manufacture and sell their products which eventually harm the consumers who utilize the product as per directed. In other words, strict liability torts are applicable to the product liability law, which is a section of personal injury law. The factors of a strict liability tort are similar to that of a negligent tort (injury, duty) except that in the case of strict liability, the victim doesn't need to prove their negligence.

Consider the example of a tire on a driver's car which bursts due to some defect and the driver is injured. The tire manufacture needs to be blamed and has to compensate for the damage done for the victim. This is applicable even in the case when the manufacturer is unaware of the defect. As strict liability is applicable even if negligence, fault or intent is not involved. Strict liability is common in circumstances that are usually dangerous, such as demolition projects, cases where animals are involved (dog bites), or using perilous materials. The most common strict liability cases are applicable to defectively manufactured products or drugs.