Strict Liability

Term: Strict LiabilityDefinition: A legal doctrine that holds a defendant liable for harm caused by their product or actions, regardless of fault or negligence. In asbestos litigation, this means manufacturers can be held responsible for asbestos-related diseases without the need to prove negligence.Phonetic Pronunciation: (strikt lye-ABIL-uh-tee)Origin: The concept of strict liability has roots in English common law, particularly in cases involving inherently dangerous activities. The term itself combines "strict," from the Latin "strictus" meaning "drawn tight," and "liability," from the Latin "liabilis," meaning "that may be held responsible." It evolved to address the need for accountability in cases where negligence was difficult to prove.Significance in Asbestos Context: Strict liability is crucial in asbestos litigation because it shifts the burden of proof from the plaintiff, who may have difficulty proving negligence, to the defendant, who must demonstrate the safety of their product. This doctrine facilitates compensation for victims of asbestos-related diseases by holding manufacturers accountable for the inherent dangers of asbestos.Example Sentence: The plaintiff's attorney argued that the asbestos manufacturer should be held accountable under strict liability for the mesothelioma suffered by the client, as the dangers of asbestos were well-known.Related Terms: Negligence, Product Liability, Tort Law, Asbestos Litigation, Manufacturer ResponsibilityNotes: - Strict liability does not require proof of negligence, but it does require proof that the product caused the harm. - This doctrine is often applied in cases involving defective products or ultrahazardous activities. - Some jurisdictions may have specific statutes or case law that modify the application of strict liability in asbestos cases.