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Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Faculty Articles
The justifications for strict products liability and other cases of strict liability in torts are different and distinct. The United States judiciary has limited strict liability in tort law to seven distinct scenarios: (1) animals that are trespassing, are domesticated but vicious, or are wild by nature; (2) fact situations involving ultra-hazardous activities; (3) nuisance; (4) misrepresentation; (5) vicarious liability; (6) defamation; or (7) a workman’s compensation statute.
Strict liability is imposed for harm caused by animals capable of inflicting extensive harm. It also justifies liability for ultra-hazardous activities on the basis that an individual undertakes an activity that is …