Strict liability concept

Strict liability deals with characteristics of products that are unreasonably dangerous and defective. If the product causes harm to a user, there may be a violation of the strict liability concept. 

Strict liability A legal concept that states liability lies with the party best able to prevent injury or absorb its costs even if that party was not responsible for causing the specific injury in question through negligence or intent. 

In most European countries the existing civil liability laws are based on fault or on the negligence concepts (in common law systems). However, in some countries new laws with a strict liability regime as a basis for liability have been enacted. In others, the case law theoretically based on the fault concept has led in some cases to a similar result. The duty of care that is to be considered under fault-based liability is interpreted in such a stringent manner that the difference between these regimes has shrunk. 

Strict liability is a two-part social policy enforced by the courts. The first part of the policy is risk allocation -manufacturers who benefit from the sale of their products in the market place are to compensate consumers who are injured by those products because the manufacturer is in a better position to bear the cost of such ipjuries-directly or through insurance. The second concept is an incentive to deterrence -the manufacturer is in the best position to discover defects or dangers in his product and to take steps to guard against them. ... 

Strict liability is the concept that a manufacturer of a product is liable for injuries received due to product defects, without the necessity for a plaintiff to show negligence or fault (Hammer, 1972). In some instances, a party may be liable for damages caused even though there was no negligence or intentional tort. Some activities, even though they are desirable and often necessary, are... 

Another significant aspect of the human factors equation which should not be overlooked centers around the issue of product liability, especially in the commercial world of sales and service. The concept of strict liability has been the basis for numerous legal judgments during the past few decades. This philosophy implies that... 

---