What is Strict Liability?

At first blush, one thinks of some sort of punishment.  The word “strict” is defined as “closely enforced or rigidly maintained; disciplining rigorously or severely.”  Whoa readers, that sounds Draconian.  Well, it should be if you are the wrongdoer on the other end.  California has enacted laws, as well as other states, that will hold a wrongdoer 100% accountable for their wrongful acts.  Under traditional claims against a wrongdoer for negligence, the wrongdoer could claim that the injured person walked right into the harm and thereby caused his own injuries.  This is called “assumption of the risk”.  In other words, you were aware of what you were getting into and chose to proceed.  A wrongdoer could also claim that you, the victim, were also at fault for causing your own injuries.  This is called contributory negligence that would bar you from recovery or in California, something called “comparative fault”, which means you could be held responsible for a percentage of fault. However, you would still be able to recover. 

 Strict liability takes no prisoners.  This means that there are no defenses that can be claimed by the wrongdoer.  The law has carved out some activities that it deems indefensible.  I will provide some examples.   If you are the owner of a dog and that dog bites someone causing injury, you are on the hook 100 percent.  California has a “one bite” dog rule.   If your dog got out of its yard or if it bit the mailman in your yard, you are strictly liable.

Another example of this rule is if you are the owner of a business or entity that engages in activities deemed ultrahazardous, such a blasting, piledriving, storing hazardous materials, chemicals, nuclear materials, all are considered abnormally dangerous activities and you will be held strictly liable for any harm to person or property that is caused by your activities. 

A zookeeper will be strictly liable for injuries caused by animals in its care.  If you keep exotic and wild animals penned up on your property, you will be strictly liable for any harm they cause to persons or property. 

                Companies and entities whose manufacturing defects of products that cause injuries are held to be strictly liable.  

                These are but a few examples of the doctrine of strict liability.  I am not going to teach a course on the nuances of this doctrine, but suffice it to say, now you will know what this concept is all about when you hear about it or are a victim.