The Basics of Strict Liability

Strict liability is a type of tort law that makes a party liable for any and all damages resulting from their actions or product. In strict liability cases, the claimant does not have to establish fault or negligence.

Inherently Dangerous Activities

Strict liability applies to all activities that are inherently dangerous, such as building demolition, wild animal keeping, or transporting radioactive materials. Because all of these activities have a certain amount of risk involved, despite the numerous safety precautions heeded, strict liability applies. If a person is injured while performing an inherently dangerous activity, their employer is automatically liable for any damages they sustain.

For example, if an animal handler was feeding a lion, and the lion escaped its cage and attacked the handler, he or she would be eligible to receive compensation for their losses. Regardless of how many safety precautions the handler took while feeding, the nature of the job is dangerous; therefore, strict liability applies, and the employer is liable for the handler's injuries.

Product Liability

The other area in which strict liability applies is in the chain of commerce. If a product causes unforeseeable harm to a consumer, the manufacturer and distributor may be liable for damages. However, if a product is accompanied by a warning of potential injury, the manufacturer is free of liability. This is the reason why many products come with stickers that warn against obvious hazards, because it protects them from millions of potential law suits.

Many children's toys are accompanied by a "choking hazard" warning sticker that states the recommended age group appropriate for the toy. While these warnings undoubtedly save manufacturers from millions of lawsuits, occasionally a toy slips onto the market without adequate warnings.

For example, recently a children's floor hockey set was recalled from the market because it contained lead paint. Any child that suffered injury from exposure to lead paint can sue the toy manufacturer for compensation. Product recalls happen very frequently. Some of the most common reasons that toys may be recalled from the market include:

• Choking and aspiration hazard
• Violation of lead paint standard
• Fire hazard
• Violation of lead paint and phthalate limits
• Burn hazard
• Puncture and laceration hazard
• Fall hazard
• Explosion and projectile hazard

As you can see, when designing a product for children, all safety measures must be considered by manufacturers. If a dangerous product gets approved, not only does it have the potential to harm kids, but it can also be financially devastating for the manufacturing company.

For more information about strict liability, or for legal assistance with filing a personal injury claim, contact the Oklahoma personal injury attorneys at the Abel Law Firm today.