Personal Injury:

Strict Liability

Strict liability is a legal doctrine that does not concern itself with fault or medical negligence, but rather finds persons liable for the damages that their actions or products cause; usually, strict liability is related to activities that are inherently hazardous.

  • For example, if a company is doing blasting in the city and it injures you, then it can be found liable for damages, even if it took every precaution to proceed with care. Fault is not an issue if they are strictly liable.
  • This can also apply to manufactured products. If strict liability applies, then everyone, from the manufacturer to the wholesaler to the retailer, can be held responsible if a defective product injures someone. Negligence does not need to be proved; all that needs to be shown is that the product was defective.

Furthermore, it should be noted that disclaimers and waivers of liability do not provide much protection from strict liability, as they are often invalidated by courts because they are against public policy. Additionally, warranties are typically limited so that manufacturers and retailers are still held responsible for personal injuries caused by the use of their product.