Strict Liability

Strict liability is a legal doctrine that holds a personguilty act and guilty mind are required. In strict liability
responsible for the damages or loss caused by his orsituations, the defendant can raise a defense of
her acts or omissions. This doctrine holds a personabsence of fault. The plaintiff, however, does not have
liability regardless of culpability. Strict liability is importantto prove fault.
to tort law, particularly in product liability lawsuits. It isAn example of strict liability is the tiger rehabilitation
also important for corporation law and criminal law.situation. A tiger rehabilitation center can have the
In torts, strict liability is the doctrine that imposes liabilitystrongest tiger cages available; however, when a tiger
on a party or person without a finding of fault. A findingescapes and if it causes damages and injuries, the
of fault would be negligence or tortious intent. Theowner of the tiger rehab center is liable. While the tiger
plaintiff needs to prove only that the tort happenedcenter may have taken as many precautions as
and that the defendant was responsible. Strict liability ispossible, it was still involved in an inherently dangerous
imposed for legal infractions that are malum prohibitumactivity.
rather than malum in se. Malum prohibitum means thatAnother common example is when a contractor hires
an act is wrong because it violates a statute. Malum ina demolition subcontractor that lacks proper insurance.
se means that an act is wrong because it is evil in andIf the subcontractor makes a mistake and someone
of itself. Because the act was prohibited by statute,gets hurt, the general contractor is strictly liable for any
neither good faith nor the fact that a defendant tookdamages that occur.
as many precautions as possible are valid defenses.The law imputes strict liability to instances it considers
Strict liability frequently applies to those who wereinherently dangerous. It is designed to discourage
engaged in a hazardous or inherently dangerousreckless behavior and needless loss by forcing
venture.potential defendants to take every possible precaution.
Strict liability is different from absolute liability. InIt also has the benefit of simplifying litigation and
absolute liability, only a guilty act is required for theallowing the victim to achieve compensation more
person to be liable for an injury. With strict liability, aquickly.