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Strict Liability Lawyers

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What is Strict Liability?

Strict liability is a form of civil liability, similar to negligence.  The main difference is that you can be held liable for any harm resulting from certain activities without any fault, simply because the activity falls within the classification of strict liability.  Most states have adopted strict liability in some form, and activities that qualify fall into two general categories.

What Activities Equal Strict Liability?

Animals

This category of animals for strict liability purposes is further broken down into three subsections:

  1. Wild Animals - If you keep a wild animal that is not prone to domestication, you will be liable for any damage that animal causes, even if you were not at fault.  Some examples of animals that fall in this subsection are coyotes, monkeys, rattlesnakes, lions, tigers, and elephants.
  2. Dangerous Animals - If you keep a pet that you know has dangerous tendencies, you will be liable for any damage that animal causes, even if you were not at fault.  The most common example is a fighting dog, such as a pit bull or rottweiler.
  3. Intrusion of Live Stock - If you have animals that trespass onto another person's property, you will be liable for any damage those animals cause to the land, even if you were not at fault.

Abnormally Dangerous Activities

Abnormally dangerous activities is the most common category of strict liability, and it is sometimes referred to as "ultrahazardous activities."  If you engage in an abnormally dangerous activity, you will be held liable for any harm it causes even if you were not at fault.  An activity is abnormally dangerous if it:

  1. Involves a serious risk of harm to people or property,
  2. Cannot be eliminated by the use of utmost care, and
  3. Is not something that is commonly done or used.

Examples of abnormally dangerous activities include:

  • Demolition or blasting activities,
  • Using or transporting certain chemicals like acids or combustibles,
  • Storing explosives,
  • Disposing of chemical wastes like mercury,
  • Controlled field burning,
  • Radioactive emissions, and
  • Certain product defects.

Do I Need an Attorney if I am Involved in a Strict Liability Issue?

If you have been injured, are going to engage in, or have caused the injury of another because of a strict liability activity, it is highly recommended for you to contact a personal injury attorney because they can help ensure the protection of your rights.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 03-07-2018 04:26 AM PST

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