FACTOID # 137: Sick people is Switzerland stay in hospital for longer than the people of any other nation - almost 10 days, on average. Switzerland also has the world's highest number of hospital beds per capita.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

FACTS & STATISTICS    Simple view

  1. Select countries to view: (hold down Control key and click to select several)

     

     

    Compare:

     

     

  1. Select fact or statistic: (* = graphable)

     

     

     

  2. (OPTIONAL) Compare to statistic: (both need to be graphable)

     

     

     

  3. View result as:

     

       
(OR) SEARCH ALL encyclopedia, stats & forums:   

Encyclopedia > Strict liability

Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. The plaintiff needs only to prove that the tort happened and that the defendant was responsible. Neither good faith nor the fact that the defendant took all possible precautions are valid defenses. Strict liability often applies to those engaged in hazardous or inherently dangerous ventures.


A classic example of strict liability is the owner of a tiger rehabilitation center; no matter how strong the tiger cages are, if an animal escapes and causes damage and injury, the owner is held liable. Another example is a contractor hiring a demolition subcontractor that lacks proper insurance. If the subcontractor makes a mistake, the contractor is strictly liable for any damage that occurs.


The law imputes strict liability to situations that 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 litigation and allowing the victim to become whole more quickly.


The doctrine's most famous advocates were U.S. Supreme Court Justice Benjamin Cardozo and Chief Justice Roger Traynor of the Supreme Court of California.


Defamation is a strict liability tort in many common law jurisdictions like Australia.


In jurisdictions with due process, only the most minor crimes or infractions are subject to strict liability. One example would be parking violations, where the state only needs to show that the defendant's vehicle was parked inappropriately at a certain curb. But serious crimes like rape and murder require some showing of culpability or mens rea. Otherwise, every accidental death, even during medical treatment in good faith, could become grounds for a murder prosecution and a prison sentence.


Strict liability is important in the law of torts, product liability, corporations law, and criminal law.


  Results from FactBites:
 
Strict Liability (2306 words)
Whether or not to impose strict liability is often a consideration of a balance between the social stigma of the crime, against the evil of the crime.
Strict liability requires the proof of mens rea in at least one element of the offence, but the prosecution will be relieved on the burden of proof for the other parts of the offence.
The court further rejected the arguments that it was necessary to have a strict liability offence to protect children, or the difficulty in proving knowledge of the victims age.
SAMPLE: Memo re strict liability for chimp attack (2296 words)
Strict liability for damage done by dangerous animals, both domestic and wild, is an instance of the strict liability placed on those who, even with proper care, expose the community to a very dangerous thing.
The possessor of a domestic animal is generally subject to strict liability for harm the animal causes only if the possessor knew or had reason to know of a dangerous propensity or trait of the animal that is not characteristic of a domestic animal of that kind, and such knowledge must be proved.
Even in cases where strict liability is imposed because the defendant's conduct has created an abnormal risk to the plaintiff, the sequence of events leading to the harm must have been such that it is not unfair to hold the defendant liable.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.