Strict Liability And Absolute Liability

Many times it happens to us that we have to bear the consequences of the negligence of others. Even if the person in front has worked with good intentions for you, the loss happens to us. So in the language of law, it is called strict liability and absolute liability. Both these concepts play an important role in legal studies, through which the negligent person can also get the right punishment.

So in today's article, we will understand the meaning of strict liability and absolute liability. Along with this, we will also know the differences and examples of it. Let’s start the article!

What Is Strict Liability?

Strict liability means that someone will be responsible for producing some kind of harm, even if they were not negligent. In very simple terms, It doesn't matter how careful you were, you could end up held liable for damages.

Here is an overview of the key points about strict liability:

• No need to prove fault: If they're in strict liability, you don't have to prove that the defendant (the person who's supposed to take responsibility) was negligent.
• Focus on activity/product: Those products or things which are harmful are coming under Strict Liability.
• Defenses may exist: Evidence that a defendant was at fault need not be proven when strict liability is in play, but because there is a special characteristic about strict liability the defendant may have defenses.

These may include:

• Act of God: If the defendant proves this is not their fault but it is caused by an event that is away from anyone’s control like a flood.
• Plaintiff's fault: The injured person can be shown to have participated in causing the situation (such as trespassing on private property) recovery may be reduced or barred.
• Abnormal use: If the injured person used the product for something it was not intended for, the defendant will not be liable.

Examples Of Strict Liability

Here are some common situations where strict liability may apply:

• Animal bites: If someone is a pet owner and their pet bites someone then here pet owner will have to be responsible for their pet.
• Product liability: If there is a fault in a product made by the manufacturer and someone suffers due to that product, then it will be included in strict liability.
• Keeping wild animals: A lion or tiger might be deemed so dangerous that a zoo and a private owner of one of these animals could be strictly liable for harm it causes when it accidentally escapes.

What Is Absolute Liability?

Absolute liability also works like strict liability, but in absolute liability, like strict liability, the defendant is not given any chance to give any excuse to prove himself innocent. That is, you can also call it a “no-excuse policy”. It mainly includes cases related to killing someone.

Let's understand the key points about absolute liability:

• No defenses available: Defenses of strict liability might exist, but absolute liability has no defense for the defendant.
• Focus on high-risk activities: Certain activities would be considered extremely dangerous, or any hazardous materials or substances that would require absolute liability.
• The strictest form of liability: This is the strictest form of liability and is used to discourage the riskiest actions; it protects the public.

Examples Of Absolute Liability

Here are some examples of where absolute liability may apply:

• Industrial disasters: In general, companies that work with hazardous substances, such as toxic chemicals or radioactive materials, can be held strictly liable for the harm people or the environment suffer from a spill or accidental discharge of a misplaced substance.
• Hazards to public health: If a factory uses toxic gases in a residential area, which may cause harm to health, then absolute liability will be imposed on it.

Differences Between Strict Liability And Absolute Liability

When Is Strict Liability Applied?

Strict liability applies in a variety of scenarios, but some common themes emerge as follows:

• Activities with a high risk of harm: Keeping wild animals, blasting operations, or using explosives are inherently dangerous activities that cause property damage as a result. Extra caution is encouraged by strict liability.
• Product liability: If the manufacturer or seller of a defective or dangerous product harms consumers, both are strictly liable.
• Animal attacks: Even if the owner has taken steps to prevent harm from a wild or potentially dangerous animal, he or she may be held liable if harm occurs.
• Environmental hazards: Sometimes there is strict liability for a company or person that causes damage to the environment, such as oil spills, or toxic waste leaks.

When Is Absolute Liability Applied?

Absolute liability is typically used in highly regulated businesses and activities that are inherently hazardous to public safety and the environment. But it is fairly uncommon. Here are some common scenarios where absolute liability may apply:

• Nuclear power: The nuclear power industry is highly regulated, and by definition, operators are generally held fully liable for any accidents or environmental damage, without any fault.
• Hazardous waste disposal: Companies dealing with hazardous waste are heavily regulated, and can even be held fully liable for any contamination to the environment from actions of the company.
• Hazardous chemicals: Businesses, employers, or industries in which hazardous chemicals are manufactured or used, even according to the safest standards, may be liable to the individual for all illnesses and harm caused by the chemicals.

Landmark Cases Illustrating Strict And Absolute Liability

Rylands v Little can be Traced Back to Fletcher (1868) – The Foundation of Strict Liability

The landmark case Rylands v Little. According to English law, Fletcher introduced strict liability. Here, the defendant improperly constructed a reservoir to pump water from that reservoir into the plaintiff’s mine. The court held that if something potentially harmful present on the ground escapes, the person will be strictly liable for the harm that happens when it escapes.

The Foundation of Absolute Liability in India MC Mehta v Union of India (1986)

The foundation of absolute liability in India was this case. Right after a gas leak occurred at a chemical plant, the Supreme Court of India ruled that companies conducting hazardous business should face an absolute liability standard without any defenses to protect public welfare.

Conclusion

Both strict liability and absolute liability are legal concepts that help in a situation where a person suffers a loss due to negligence. Both concepts help in getting justice to a person in their own way and also help in ensuring accountability for the loss. Through these concepts, we can better understand the responsibilities and rights in our society.