Examples of Strict Liability Actions
Types of Conduct the Leads to Strict Liabiliy
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What other common strict liability causes of action exist?
Most states recognize similar types of conduct as subject to strict liability:
- Ultrahazardous Activities
- Dram Shop Acts
- Common Carrier Liability
Each of these is discussed below.
Next Article: Strict Product Liability Return to: TORT LAW
Courts may impose strict liability in tort for types of activities they call ultrahazardous. This may include activities such as working with explosives, wild animals, or extreme sports.
Dram Shop Acts
These laws make sellers of alcoholic beverages directly to customers on the sellers premises liable for harm caused as a result of the consumer becoming intoxicated.
Carriers of cargo on behalf of others may be strictly liable to the owner for any harm suffered by the cargo. Risk of loss, however, may be shifted back on the owner via contract.
How do you feel about the idea that an individual can be held liable for actions without having any intent to achieve a result or knowledge that the action is wrong? What if an individual is intentionally deceived into undertaking activity that entails strict liability?
Garth has a Rottweiler named Alf. Alf is generally very amiable. She has an buried electric fence that keeps Alf in her yard. One day, Alf sees a bicyclist riding by her house. She runs through the electric fence and bites the bicyclist. What is the likelihood that Garth will be held liable in this situation?
- Garth will be liable for the injuries caused by her Rottweiler under a theory of strict liability. Some states consider specific breeds of dog to be vicious animals. These states subject owners of these animals to strict liability if the animal causes harm to another. This is based on a theory of ultra-hazardous activity. An ultra-hazardous activity is defined as any act that is so inherently dangerous that the person performing it can be held liable for injuries to other persons, even if they took every reasonable step to prevent the injury. This means that the person performing the activity can be held liable even if they did not make any mistakes and took precautions to prevent the harm. In order to prevail on an ultra-hazardous claim, the plaintiff needs to prove that the following elements exist;
- The activity involves a verifiable risk of serious harm to persons or property.
- The activity cannot be performed without the risk of serious harm, no matter how much care is taken.
- The activity is not commonly engaged in by the people of the community.
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages