Strict Liability

Liability imposed without fault for certain activities and products

Overview

Strict liability attaches regardless of care in a narrow class of cases, chiefly abnormally dangerous activities like blasting and the escape of dangerous things, and defectively designed or manufactured products. The rationale is that those who profit from dangerous enterprise should bear its accidental costs and are best positioned to insure. It is not absolute, since defenses like assumption of risk or contributory fault can reduce it. Its spread through twentieth century product law made it the main engine of mass consumer protection litigation.