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The Concept Of Strict Liability, Essentials And Cases




Mbakire Immaculate, Gitam University, Vizag


ABSTRACT


Strict liability is a legal term which is categorized under tort and sometimes referred to as “no fault” liability. It holds a person responsible for damages or injuries caused by their actions regardless of whether they were at fault or not. The plaintiff does not need to prove fault or negligence in order to receive compensation but rather proof that the actions of the defendant caused them injuries. Strict liability is normally used in cases where there is a possibility of harm; if the defendant possesses anything that is very dangerous, they are automatically strictly liable for any damages caused by their possessions regardless of how careful the defendant protects them from causing harm. Even if a defendant uses safety measures and even labours to post warnings, it all doesn't matter. In tort law, strict liability does not focus on the defendant's intention, lack of reasonable care or negligence but rather the dangerous activities and whether they caused harm to the plaintiff. It is actually meant to encourage people who engage in dangerous activities to make sure their activities don't hurt anyone. Since they are held responsible regardless of whether they are careful or not, it forces such people to, at all costs, make sure that their activities don't injure anyone hence reducing the problems that would arise.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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