Ultimate Guide to Strict Liability Crimes

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What Is Strict Liability?

Under criminal law, strict liability crimes are actions that are considered to be criminal regardless of the person's intentions. Defendants for strict liability crimes will be convicted even if they were not aware that their actions were criminal and even if they had no criminal intent.

In tort law, strict liability imposes liability on a party without a finding of fault. This is in contrast to claims against a party for negligence or tortious intent. The party making a strict liability claim need only prove that the tort occurred and that the defendant was responsible.

What Are Examples of Strict Liability Crimes?

There are many different types of strict liability crimes. Examples of strict liability crimes are the following:

What Is Strict Liability in Tort Law?

In tort law, as stated above, a defendant is held fully liable for any injury sustained by another party regardless of whether the injury was intended. Strict liability categories in tort law include the following:

Animals: The owner or person in possession of certain types of animals is liable for injuries if the animal causes injury to another person or animal. This includes livestock such as cows, horses, bulls or goats. Abnormally dangerous animals also fall under this category and include snakes, tigers, monkeys or bears. If a person is in possession of a wild animal and that animal causes injury, liability is assumed.

Product Liability: When a person is injured or suffers other damages because of a product used, the lawsuit is called a product liability claim. In order to win a product liability suit you must prove that you were injured or suffered some damage, that the product involved in your case was somehow defective or lacked proper warning, and that the defect was the cause of your injuries. There are three primary types of product defects:

Abnormally Dangerous Activities: Abnormally dangerous activities are those activities that carry a substantial risk to oneself and others’ personal property and physical being. There are essential elements required for a defendant to be held strictly liable for engaging in an ultra hazardous activity. Whether an activity is ultra hazardous is a question of law to be determined by the court. These include:

Are There Any Defenses to Strict Liability Crimes?

There are very few defenses to strict liability claims. The few defenses to strict liability claims that exist are the following:

Do I Need a Lawyer?

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

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Last Modified: 04-08-2015 01:58 PM PDT

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