Mastering the Bar Exam: Torts Episode 13: Strict Liability in Tort Law

Defining Strict Liability.

Strict liability is a legal doctrine that holds a party liable for certain actions or injuries regardless of their intent or level of care. Unlike negligence or intentional torts, strict liability focuses on the inherent risk associated with certain activities or products.

Cases Where Strict Liability Applies.

Strict liability commonly applies in the following situations:

Ultra-Hazardous Activities: Activities that are inherently dangerous and pose a high risk of harm may give rise to strict liability. Examples include blasting, transporting hazardous materials, and keeping wild animals.

Product Liability: Strict liability is often applied in cases involving defective products. If a product is defective and causes harm, the manufacturer or seller may be held strictly liable for the injuries.

Elements of Strict Liability.

To establish strict liability, certain elements must be present:

Engaging in an Ultra-Hazardous Activity or Product Defect: The defendant must either engage in an ultra-hazardous activity or be involved in the production or distribution of a defective product.

Causation: The plaintiff must establish that the harm suffered was a result of the ultra-hazardous activity or the defect in the product.

Harm: Like other tort claims, the plaintiff must have suffered harm or damages as a result of the defendant's actions.

Ultra-Hazardous Activities.

Ultra-hazardous activities are those that involve a high degree of risk of harm, even when conducted with utmost care. Some factors that may determine whether an activity is ultra-hazardous include:

High Risk of Harm: The activity must pose a high risk of harm, even when conducted with reasonable care.

Inability to Eliminate Risk: The risk associated with the activity must be such that it cannot be completely eliminated, regardless of the precautions taken.

Not a Common Activity: The activity should not be a common one in the community.

Product Liability and Defective Products.

In the realm of product liability, strict liability can be imposed for injuries caused by defective products. There are three main types of product defects that may lead to strict liability:

Design Defects: These occur when the design of the product is inherently dangerous, making it defective even before it is manufactured.

Manufacturing Defects: These defects arise during the manufacturing process, causing certain units of a product to be different from the intended design.

Marketing Defects (Failure to Warn): A product may be defective if it lacks proper warnings or instructions regarding its use, resulting in harm to the consumer.

Defenses to Strict Liability.

While strict liability imposes liability without proving fault, there are some defenses available to defendants:

Assumption of Risk: If the plaintiff voluntarily assumes the risk associated with the ultra-hazardous activity or the use of the product, it can serve as a defense.

Contributory or Comparative Negligence: In some jurisdictions, the plaintiff's own negligence in causing the harm may reduce or eliminate the defendant's liability.

Product Misuse: If the plaintiff's misuse of the product is a substantial factor in causing the harm, it may be a defense.

Case Example: Ultrahazardous Activity - Blasting Operation

Imagine a scenario where a company engages in a blasting operation to clear a construction site. Despite taking all reasonable precautions, the blasting operation causes vibrations that result in damage to neighboring properties. In this case:

Ultra-Hazardous Activity: Blasting is considered an ultra-hazardous activity due to its high risk of harm, even with reasonable care.

Causation: The harm suffered by the neighboring properties is a direct result of the blasting operation.

Case Example: Product Liability - Defective Automobile Airbags.