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
  • 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 certain cases. With regard to product liability cases (injuries caused by defective or unsafe products), manufacturers are in the best position to ensure the safety of their products prior to putting them on the market, and as such, they can be held strictly liable for any foreseeable injuries caused by a defect or safety flaw. When a Texas…

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

    … into the market. Typically recovering for a defective product that causes a traumatic brain injury is normally based on a theory of negligence, strict liability, or breach of warranty.7 In relying on these liability theories, the injured plaintiff has to show that the product is the cause of the traumatic brain injury which usually was caused in the form…

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

    … arise to cover from the losses. Dog bite laws and regulations There are several statues and laws that apply to dog bite injury cases. As a personal injury case, there is a statute of limitation which prohibits claims to be filed after five years from the date of the injury.3 Liability for a dog bite injury is covered under Missouri Revised Statute…

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

    … and defective products Satisfying the five elements of the theory of negligence is essential to establishing liability in a products liability case based on the reasonable care standard. It is also key to prove that the manufacturer or defendant could have foreseen the risks and uses of the product as well as the fact that the plaintiff was using the product…

    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/ www.bluegrassjustice.com- 36 readers -
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