Explaining Strict Liability in Tort, Absolute Liability and Ultrahazardous Activities

Published: Dec. 30, 2020, 2:12 p.m.

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Important Torts that are Neither Negligent nor Intentional

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https://zalma.com/blog

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Strict product liability is \\u201ca manufacturer\\u2019s or seller\\u2019s tort  liability for any damages or injuries suffered by a buyer, user, or  bystander as a result of a defective product. Products liability can be  based on a theory of negligence, strict liability, or breach of  warranty.\\u201d This rule applies even if the seller exercises all possible  care in the preparation and sale of the product, and the user or  consumer has not bought the product from or entered into any contractual  relation with the seller.

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Absolute Liability\\u2014Liability for Dangerous Animals

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A person who possesses or harbors a dangerous animal, whether wild or  domestic, is absolutely liable for injuries inflicted by it, where he  knows or should know of its dangerous propensities. In the case of wild  animals, scienter (evil intent) is presumed. In the case of domestic  animals\\u2014the type an adjuster will normally see\\u2014it is necessary to  establish scienter. Knowledge of the dangerous propensities must be  proved by the plaintiff to establish liability.

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Ultrahazardous Activity: Liability Without Fault

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Certain activities create such a serious risk of danger that it is  justifiable to place liability for the loss on the person engaging in  the activity.

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