ABA Family Legal Guide

Personal Injury

Strict Liability

A truck is driving down the road carrying ultrahazardous chemicals. The driver of the truck is traveling within the speed limit. Suddenly, a bicycle pulls in front of the truck. The driver swerves violently to avoid crushing the cyclist. The driver succeeds in avoiding the cyclist but flips the truck. The truck then explodes into flames, causing extensive injuries to several bystanders.

This section covers issues related to strict liability. In the example above, may the bystanders sue the company in tort even though the driver was not at fault and certainly did not intend to harm anyone? In other words, can the victims pursue a claim of strict liability? Can the company be held strictly liable for carrying the hazardous materials?

1. Is there any other basis for liability besides negligence?
2. What is the rationale behind "strict liability"?
3. We live near a site where a gasoline company stores its flammable liquids. Would we be able to recover damages if an accident were to occur?
4. What if one of my animals escapes from our fenced-in yard and goes onto our neighbor's property?
5. Am I automatically liable if my dog, normally a friendly and playful pet, turns on my neighbor and bites her?
6. Our neighbors have a vicious watchdog. We are scared to death that the dog will bite one of our children, who often wander into the neighbor's yard. What can we do?

Subsections

1. Product Liability