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What is “Strict Liability”?
Strict liability concerns an individual’s legal liability for injury-causing behavior that is neither intentional nor negligent. Basically, an individual will be liable for any harm resulting to a third party from a course of conduct to which strict liability applies. Injuries caused while working with explosives, dangerous animals, product design or manufacturing, and serving alcohol to the public are strict liability torts in most states.
- Example: Beth has a business conducting fireworks shows. She is hired to conduct the fireworks display during a 4th of July celebration. During the event, a large firecracker veers into the crowd and explodes. Two people are injured by the explosion and sue Beth. She will be held strictly liable regardless of the amount of care she exerted in orchestrating the show.
- Keating, Gregory C., The Theory of Enterprise Liability and Common Law Strict Liability (2001). Vanderbilt Law Review, Vol. 54, P. 1285, 2001. Available at SSRN: https://ssrn.com/abstract=277312 or http://dx.doi.org/10.2139/ssrn.277312Alexander, Lawrence, Is There a Case for Strict Liability? (2017). San Diego Legal Studies Paper No. 17-281. Available at SSRN: https://ssrn.com/abstract=2960327 or http://dx.doi.org/10.2139/ssrn.2960327Prendergast, David, The Constitutionality of Strict Liability Offences (June 24, 2011). (2011) 33 Dublin University Law Journal 285. Available at SSRN: https://ssrn.com/abstract=2359084Shavell, Steven, The Mistaken Restriction of Strict Liability to Uncommon Activities (December 12, 2018). The Journal of Legal Analysis, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3298135Goldberg, John C. P. and Zipursky, Benjamin C., The Strict Liability in Fault and the Fault in Strict Liability (November 17, 2016). 85 Fordham L. Rev. 743 (2016); Fordham Law Legal Studies Research Paper No. 2871328. Available at SSRN: https://ssrn.com/abstract=2871328 or http://dx.doi.org/10.2139/ssrn.2871328Partnoy, Frank, Strict Liability for Gatekeepers: A Reply to Professor Coffee. Boston University Law Review, Vol. 84, p. 365, 2004. Available at SSRN: https://ssrn.com/abstract=620841
Keating, Gregory C., Nuisance as a Strict Liability Wrong (September 24, 2012). Journal of Tort Law, Vol. 4, Issue 3, Article 2, 2012; USC CLEO Research Papers Series No. C11-11; USC Legal Studies Research Papers Series No. 11-19. Available at SSRN: https://ssrn.com/abstract=1924519
Gilo, David and Guttel, Ehud and Yuval, Erez, Negligence, Strict Liability and Collective Action (August 3, 2010). Available at SSRN: https://ssrn.com/abstract=1652906 or http://dx.doi.org/10.2139/ssrn.1652906