Question

Question - What is strict liability and the public policy behind it? Who is in the Chain of Distribution here and how are they liable? Does the injured plaintiff have the burden of proof in Strict Liability Claims, and why or why not? What are abnormally dangerous activities, and what are the standards for proving liability for a business regarding such activities?

Answer 1

Strict liability is the condition put forward by the legal system, which makes a person or manufacturer answerable and responsible for his deeds or product. If the actions of an individual, caused damages to someone or the society, the individual will have strict liability for the damages. Similarly, if the product of the manufacturer caused substantial damages to the consumers, the manufacturer will have strict liability to the damages of the consumers.

The public policy behind strict liability is that if an individual has suffered damages due to actions of another individual, the victim must be compensated by the accused for the damages incurred.

Specifically for strict liability cases concerning products, all involved in the chain of distribution of the product will be held liable. Chain of distribution comprises people who were involved in the manufacturing and distribution of the product to the consumer. Usually the chain of distribution comprises manufacturer, supplier and distributor.

In cases concerning strict liability, the burden of proof is not on the victims but on the defendants, The defendant needs to prove the liability based on the chain of distribution.

Abnormally dangerous activities are those activities which are dangerous by nature and the liability of the same is generic to all stakeholders and not specific to the people at fault. Example of such activities are nuclear plants, dynamite, etc.

For proving the liability of business in cases related to abnormally dangerous activities, following are the standards:

• The activity caused serious harm to an individual or property
• The activity had high amount of risk associated with it
• The activity is not performed in general society setting and needs special preparation for its implementation