Strict Liability in Tort Law

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It is axiomatic that, in most cases, some level of fault is necessary for tort liability to attach. In the case of negligence causes of action, for example, plaintiffs must prove that defendants breached their duties to succeed. An exception applies in cases of “strict liability torts.” Strict liability means liability without fault. Where applicable, the defendant is liable for harm that his actions caused even though there may have been no misconduct at all by the defendant. Strict liability applies in three categories of cases: Where the defendant kept wild animals that escaped their confinement and caused damage; where the defendant engaged in abnormally dangerous activities, which caused damage; certain product liability actions.

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