Strict Liability and Public Policy Ch. 20 and 21
Strict Liability Legal responsibility for damage or injury even if you are not at fault. Only need to prove causation and damage. What might be a situation of strict liability?
Strict Liability Situations Dangerous Activities Activities where the risk of harm cannot be eliminated even by reasonable care. Animals Owners are responsible for any harm caused by their animals. Defective Products The manufacturer is responsible for the harm caused by their product.
Defenses to Strict Liability Very few defenses to strict liability. Defense must show there was no causation or no damages Product liability cases may have a defense if the consumer misused the product.
Torts and Public Policy Tort Reform – 1. Amount of $ being awarded 2. Court is expensive – lawyers receiving huge amounts (up to 50%) 3. Civil court cases very time consuming 4. Tort law complicated 5. Injured party sometimes does NOT receive $