strict liability

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strict liability

The liability of a property owner or occupier for injury to others despite the lack of any fault or wrongdoing by the owner or occupier.Typically, when people engage in an inherently dangerous activity on land,such as blasting rock,they are responsible for damage to adjoining property or to persons injured by the blast.This is true even if an independent contractor was responsible for the work and even if everything was done exactly as it should have been done using all possible safeguards and protections and the injury was the result of a freak accident.

References in periodicals archive ?
38] However, Ken Oliphant, former director of the European Centre of Tort and Insurance Law in Vienna, Austria, correctly states that it seems that no-fault liability schemes are back on the reform agenda internationally, even if only a limited number of countries have actually implemented such schemes.
In many of these cases, the determination of responsibility and thus liability has been achieved through the application of traditional principles of civil law such as tort and no-fault liability for potential sources of danger.
The flipside of no-fault liability of workers' compensation carriers for the consequences of work-related injuries and diseases is employer immunity.
Aspects such as the purpose of the Act, the rights of patients, obligations/responsibilities of the medical practitioner (who is the supplier of services and/or goods), no-fault liability and recourse available for the consumer, are discussed.
The BJP had opposed the Rs500 crore cap on compensation terming it too less and also the no-fault liability provision.
It fixes no-fault liability on operators and gives them a right to recourse.
When negotiations between state officials and CSX to buy the Worcester-to-Framingham right-of-way bogged down, he initiated an effort by the full congressional delegation to persuade the freight rail company to rethink its insistence on a no-fault liability clause.
For them, the Commission has not shown why the objective of the directive could not be attained by means other than the setting up of a no-fault liability regime for employers and why the disputed clause of the British law limits the employer's liability.
Thus was born the legal notion of no-fault liability.
The Danish government, backing Skov, argued that for cases of no-fault liability, where food poisoning occurred despite good practice throughout the supply chain, a producer could pass on liability to a supplier.
Concerns with Law 364 include onerous procedures and requirements such as: retroactive application of no-fault liability related to a specific product; waiver of the statute of limitations; irrefutable presumption of causality; truncated judicial proceedings; imposition of a $100,000 non-refundable bond per defendant as a condition for firms to put up a defense in court; escrow requirements of approximately $20 million earmarked for payment of awards; and minimum liabilities as liquidated damages (ranging from $25,000 to $100,000.
The demands of justice and safety improvement, which sometimes conflict and must be balanced against each other, argue for compensation schemes based on no-fault liability or mediation.