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What Is Strict Liability Anyway?
By Jeffrey R. Nuckols, Esq.
When it comes to torts, negligence might be one of the first things you think about. A very simple and rough idea of what negligence is could be whether someone did something he should not have done with the result that someone else was injured or her property was damaged. Once in a while, though, you might hear the words “strict liability” when someone has been injured. Click on the title above to read more.
What is strict liability, anyway? Very simply and roughly, it means that someone will be held liable for someone else’s injury without regard to whether the one being held liable did something he should not have done; i.e., he is “strictly liable.”
There are a few different contexts in which someone might be held strictly liable like engaging in an inherently dangerous activity. One of those contexts that you might have heard of, though, is the context of product liability. Product liability can arise when a product has a defect that makes it dangerous even when used as intended. With the proper facts, the manufacturer, or others in the stream of commerce leading to the injured person, might be liable for the injured person’s injuries even if they were unaware of the defect. They might be strictly liable.
Jeff Nuckols’ main practice area is personal injury. If you have a question about an injury that may have been the fault of someone else, call Jeff at DKN Legal at 321-329-5449.
Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.