Strict Liability Tort Defenses

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Strict Liability Tort Defenses

Strict liability makes a defendant liable for harm caused by their products or activities regardless of fault. In many cases involving strict liability, a defendant is required to pay damages to the plaintiff because of their violation of a law, even if the defendant was not negligent in their actions or had any intent to cause harm to the plaintiff. However, there are still defenses available to the defendant in a strict liability action.

What Are Strict Liability Tort Defenses?

Remember that each defense depends on the facts of the case. For instance, contributory negligence is not a defense to strict liability unless the plaintiff knew the risks involved and knowingly and unreasonably put themselves in harm’s way. Other traditional defenses include:

Do I Need a Lawyer for a Strict Liability Case?

Yes, as a strict liability case is one of the most difficult types of cases to defend against. A personal injury lawyer can advise you of your legal defenses and help you file an answer to the plaintiff’s compliant.

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Last Modified: 07-17-2015 05:28 PM PDT

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