Negligence & Torts
9. Strict Liability
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Aug 2015
- Strict liability leads to liability regardless of fault of the defendant in a matter. This remains true even if the defendant’s actions were not intentional or negligent. A torts action for damages may be available if the defendant breached a duty imposed by a statute.
- It is important to note that for action for breach of statutory duty the plaintiff must prove:
- the parliament imposed a statutory duty on the defendant and that breach of this duty gives rise to a private right of action for damages to the plaintiff (that is a right to sue the defendant in a civil court); and
- the defendant breached the statutory duty; and
- the plaintiff is within the class of persons protected by the statute; and
- the injury sustained is within the scope of statutory protection; and
- the plaintiff’s damage was caused by the breach.
- Actions in strict liability are difficult and complicated matters of law and expert legal advice should always be sought from a qualified person. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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