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Strict Liability Overview

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Defenses to Strict Liability

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In strict liability cases, defenses are limited but can include assumption of risk by the injured party, product misuse, and acts of God that are unforeseeable and without human intervention.

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Public Policy Justification for Strict Liability

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Strict Liability is justified on public policy grounds as it promotes safety by ensuring that those who engage in dangerous activities or produce products take responsibility for any harm caused, encouraging higher standards of care.

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Rylands v Fletcher Rule

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This rule established a form of strict liability for landowners for damages caused by escape of something from their land that is likely to cause mischief if it escapes, such as water, filth, or noxious fumes.

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Animal Liability

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Owners may be strictly liable for the harm caused by their animals, especially with certain dog breeds or wild animals, regardless of precautions taken to prevent such harm.

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Vicarious Liability

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Vicarious Liability is a form of strict liability where an employer is held responsible for the actions or omissions of their employees, performed in the course of employment.

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Abnormally Dangerous Activities

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Strict Liability applies to activities that are so inherently dangerous that even exercising the utmost care cannot remove the risk of harm, such as blasting or storing explosives.

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Product Liability

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Strict Liability may be invoked in product liability cases where a defective product causes injury or damage. Manufacturers and sellers can be held strictly liable for putting a defective product into the hands of a consumer.

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Definition of Strict Liability

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Strict Liability is a legal doctrine that holds a party responsible for their actions regardless of fault or intent. It applies mostly in cases involving abnormally dangerous activities, defects in products, and certain animal injuries.

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