Responsibility for consequences from activity despite absence of fault or criminal intent
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In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them.[1]
In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals.[2]
Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous":[3]
storing flammable liquids in quantity in an urban area
pile driving
blasting
crop dusting
fumigation with cyanide gas
emission of noxious fumes by a manufacturing plant located in a settled area
locating oil wells or refineries in populated communities
test firing solid-fuel rocket motors.
On the other hand, US courts typically rule the following activities as not "ultrahazardous": parachuting, drunk driving, maintaining power lines, and letting water escape from an irrigation ditch.[4]
Traditional criminal offenses that require no element of intent (mens rea) include statutory rape and felony murder.[3]
^Cite error: The named reference :0 was invoked but never defined (see the help page).
^Simmons, Kenneth W. (March 19, 2009). "The Restatement Third of Torts and traditional strict liability: Robust rationales, slender doctrines" (PDF). Boston University School of Law Working Paper. 09–15: 24. Archived (PDF) from the original on 2018-06-02.
^ abHall, Daniel (1996). Criminal law and procedure. Albany NY: Delmar Publishers. pp. 61–65. ISBN 0827367023.
^Cite error: The named reference :2 was invoked but never defined (see the help page).
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