ABA Family Legal Guide

Personal Injury

Strict Liability

What is the rationale behind "strict liability"?

The theory behind imposing strict liability on those conducting inherently dangerous activities is that these activities pose an undue risk of harm to members of the community. Thus, anyone who conducts such an activity does so at his own risk and is liable when something goes wrong--even innocently--and someone is harmed. The people who posed the risk are in the best position to pay for it.