Strict Liability

Strict Liability is a standard for Liability which may exist in either a criminal or civil context. A rule specifying strict Liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of Mens Rea). Strict Liability is prominent in Tort law (especially product Liability), corporations law, and criminal law. For analysis of the pros and cons of strict Liability as applied to product Liability, the most important strict Liability regime.

In Tort law, strict Liability is the imposition of Liability on a party without a finding of fault (such as Negligence or Tortious intent). The Claimant need only prove that the Tort occurred and that the Defendant was responsible. The law imputes strict Liability to situations it considers to be inherently dangerous. It discourages reckless behavior and needless loss by forcing potential Defendants to take every possible precaution. It also has the effect of simplifying and thereby expediting court decisions in these cases.