Also known as: liability w/o fault · strict liability · absolute liability
Written by attorneys · grounded in primary & secondary sources — see below
An obligation to pay compensation for harm arising from specified conduct or conditions, imposed without proof of the defendant's negligence or intent. Ordinary contributory negligence does not defeat recovery, though assumption of risk and voluntary unreasonable exposure to the hazard remain available defenses.
Lucas Lee hired Lakewood Manufacturing to aerially apply pesticides on his fields. Neighbor Lars Lindstrom stayed outside repairing equipment after receiving the posted schedule and a direct advisory to remain indoors. Wind shifted the spray onto Lindstrom's property, causing respiratory injury. Because the activity qualifies for strict liability, Lindstrom recovers even though he continued working outdoors after notice.
Lila Lin, a mid-level logistics coordinator at Linden Bank, was accused in an online post of falsifying compliance records. The post relied on a single anonymous tip and contained an obvious misreading of an internal memo. Lin had never sought public attention on the issue. Because the statement concerns a private plaintiff on a matter of public concern, liability without fault is forbidden and recovery requires proof of negligence.
Select any source to read its text and confirm it supports the definition.
Lakewood Manufacturing received a bulk additive certified free of a banned preservative. Its employees blended the additive using standard industry procedures without independent testing. State inspectors later found trace amounts of the preservative in finished goods. Because the statute imposes absolute liability on a material element, the offense constitutes a violation rather than a felony.
Lucas Lee kept bison in a roadside enclosure on his farm. Logan Lane leaned over the fence to photograph a calf despite posted warnings. A bison gored Lane, causing serious injury. Because the animal is wild, Lane's decision to approach the enclosure does not bar recovery under the strict-liability rule for wild animals.
Lucas Lee kept a border collie that had previously bruised a farmhand during herding. Latoya Lane walked near the herd to complain about neighboring operations. The dog bit her leg. Lane's knowledge of the dog's history and her voluntary approach to the area constitute assumption of risk that defeats the strict-liability claim.
Lucas Lee maintained open liquid-manure pits on his farm that generated explosive gases. Lars Lindstrom crossed posted warning signs to reach the bison enclosure and was injured when gases ignited. Lindstrom's knowing decision to ignore the warnings and enter the hazardous zone supplies the defense of voluntary unreasonable exposure to the abnormally dangerous activity.
No. The rule provides that contributory negligence is not a defense to strict liability for one who carries on an abnormally dangerous activity unless the plaintiff voluntarily and unreasonably subjects himself to the risk. Recovery therefore proceeds even when the plaintiff acted carelessly, provided the exposure was not both voluntary and unreasonable.
Assumption of risk defeats the claim when the plaintiff knowingly and voluntarily encounters the danger posed by the animal. Signs warning against contact and the plaintiff's deliberate decision to lean over an enclosure satisfy this defense and bar recovery.
The offense is reclassified as a violation. Absolute liability on any material element converts the crime to violation status even if the statute labels it a felony, unless the prosecution separately charges and proves negligence.
No. The First Amendment forbids liability without fault in that setting. The plaintiff must prove at least negligence, and presumed or punitive damages require proof of actual malice.
…today it bears not on jurisdiction but on the possible desirability of imposing substantive principles of tort law such as strict liability. [^maj-12]: As we have noted, petitioners earn no direct revenues from these service centers. See supra , at 289. [^maj-13]: In fact, a courtroom just across the state line from a…