Beyond Fault: Analysing The Evolution And Implications Of Strict Liability
- IJLLR Journal
- Mar 21
- 1 min read
Moksha Kochar, MIT World Peace University (MIT-WPU)
ABSTRACT
Strict liability is a legal doctrine that holds individuals or entities accountable for harm or damages without the need to prove fault, negligence, or intent. This analysis traces the evolution of strict liability from its historical origins in Roman law to its modern-day applications, particularly in product liability, environmental law, and abnormally dangerous activities. Initially rooted in early tort law, where liability was largely tied to fault, strict liability emerged in response to the rise of industrialization and the increasing risks associated with factory work, machinery, and public safety. Landmark cases, such as Rylands v. Fletcher1 (1868) and Greenman v. Yuba Power Products, Inc.2 (1963), established pivotal precedents that shaped the modern understanding of strict liability, particularly in relation to defective products and hazardous activities. Despite its widespread acceptance, strict liability continues to face critique, particularly regarding its fairness and the economic burden it places on manufacturers and employers. Critics argue that it could lead to excessive litigation and economic stagnation. Nonetheless, the principle serves a broader societal purpose by ensuring that those engaging in high-risk activities bear the costs of potential harm, thus promoting consumer safety and public protection. This analysis concludes by considering the future of strict liability in balancing consumer protection with the economic needs of industries.
