Strict Liability

In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of mens rea). Strict liability is prominent in tort law (especially product liability), corporations law, and criminal law. For analysis of the pros and cons of strict liability as applied to product liability, the most important strict liability regime, see product liability.
Posts about Strict Liability
  • Mandatory Ethics Training For Patent Agents Is Long Overdue

    … What formal ethics training is required of a U.S. patent agent? None. What minimal level of competency in ethics must a patent agent demonstrate in order to qualify for a license to practice patent law before the USPTO? Again, the answer is “None.” For attorneys, ethics training is of considerable importance. It starts in law school. Accredited…

    Michael E. Mccabe Jr./ IPethics & INsights- 13 readers -
  • Car Accidents Caused by Tire Blowouts

    … was defective, and that it is this defect that proximately caused your car to crash, resulting in your injuries. This concept is known as strict liability, and it is different from common injury cases which require you to prove negligence. Evidence is key in these kinds of cases. This means that you will have to act fast to get a car accident attorney…

    Rasansky Law Firm- 17 readers -
  • Who is Responsible for Pet Bites and Attacks?

    …, attempts to attack, or injures other people. The statute protects those who are conducting themselves peacefully and are present in an area where they are lawfully allowed to be. This law imposes strict liability, which means that the owners of the offending pet cannot dispute that they are at fault. Under the law, pet owners are automatically…

    Jared Staver/ Chicago Personal Injury Lawyer- 16 readers -
  • An Explanation of “Strict Liability” in Texas

    …In tort law, the concept of strict liability refers to imposing financial responsibility on one party without requiring proof of actual negligence, recklessness, or tortious intent. In certain situations, such as a product liability case, the law says that manufacturers should be held financially responsible for injuries caused by their products…

    Jeff Rasansky/ Rasansky Law Firm- 27 readers -
  • What kinds of defective consumer products often cause traumatic brain injuries?

    … When a party suffers a harm or loss because of a dangerous or defective product recovery can occur through a product liability lawsuit. Types of defective products There are three categories of defective products: manufacturing defect, design defect, or a defect in the warnings or instructions.1 A defectively manufactured product exists when…

    Bruning Legal- 41 readers -
  • Is a dog owner strictly liable for a dog bite in Missouri?

    … than the average injury related hospital stay.2 A dog bite also can create significant emotional trauma such as post-traumatic stress disorder in injured victims who can suffer from a range of issues such as unwarranted fears, increased anxiety, depression, or sleep disorders. In order to recover from a dog bite injury, a personal injury claim may…

    Bruning Legal- 14 readers -
  • How do you prove negligence in a products liability case?

    … In a products liability case, there are several different theories of liability that a plaintiff can use as a legal basis to recover for losses or injuries including tortious misrepresentation, a form of guarantee such as a breach of warranty, strict liability, or negligence.1 Products liability claim Products liability is a type of personal…

    Bruning Legal- 10 readers -
  • Dangerous Products Can Cause Injury in the Home?

    … ordinary consumer expectations.1 Product liability lawsuits are based on claims filed through state laws and theories such as negligence, strict liability, and breach of warranty.2 Product liability lawsuits can be filed against any parties responsible for making a defective product accessible to consumers. Responsible parties may include all…

    Bruning Legal- 13 readers -
  • Who Should I Sue If My Accident Was Caused By A Vehicle Defect?

    … breach of warranty, negligence, strict liability, misrepresentation, or fraud. Breach of warranty can cover both an implied or express guarantee. An express warranty is a written or stated claim verses an implied warranty that exists because a law automatically applies to the product.3 Strict Liability does not require a showing of recklessness…

    Bruning Legal- 11 readers -
  • FBAR Wilfullness Penalty Revisited.

    … The IRS has become too aggressive in its enforcement of the “willfulness provision” for unfiled FBAR forms. Two court decisions in 2012 gave the IRS a green light to pretty much impose strict liability for violations. To best understand the current IRS position, some brief history is required. The Bank Secrecy Act requires most Americans…

    Due Diligence- 16 readers -
  • Defective Takata Corp Airbags Lead to Injuries, Death

    …, there are three major causes of action when bringing a product liability suit: (1) strict liability, (2) negligence, and (3) breach of warranty. Strict liability is perhaps the most rare; it is when liability is imposed regardless of whether someone was consciously at fault – that is, as a matter of law. Breach of warranty is similar to strict…

    Ethan Manning/ 36 readers -
  • Danger from Above: Who’s liable when drones fall from the sky?

    … the operator's fault for the crash---may not be able to recover damage caused by a falling drone. Yet, all is not lost for tort law as courts could hold drone operators to a different standard. Strict Liability for Drone Damages I have suggested before that the danger of crashing and malfunctioning drones could be addressed through a strict liability standard…

    Michael Smith/ Techlawgic- 27 readers -
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