Strict Liability

Running Head: Strict Liability

Strict Liability

November 15, 2010

Strict Liability, what is it? How is it used? How does it affect our lives? Liability without fault is how the textbook defines strict liability (Bagley, & Savage, 2010). The businessdictionary.com defines strict liability both for civil and criminal proceedings:

1. Civil (tort): Liability incurred for causing damage to life, limb, or property by a hazardous activity or a defective product, without having to prove that the defendant was negligent or directly at fault. It arises not from any wrongdoing but from the fact of the activity or product being inherently hazardous or defective.

2. Criminal: Liability imposed by a statute without the necessity of proving criminal intent (see mens rea), and intended to absolutely forbid certain acts such as preparation and sale of adulterated or contaminated food. Also called absolute liability or liability without fault (Strict liability, 2010).

During research for other aspects of class I came across this article concerning strict liability. I found it very intriguing that a government agency can invade your home, take possession of your personal belongings, and place you under arrest for the simplest misunderstanding. The article came from the Countryside & Small Stock Journal; Nov/Dec2010, Vol. 94 Issue 6, p58-61, 4p, written by Jerri Cook. The article discusses strict liability; it is titled The Scene of the crime, Could raw milk get you in hot water? The article asks if you know what strict liability law is. If you do not than you should, because not knowing could get you arrested.

Strict liability laws do not require intent, or fault like in criminal laws. The prosecutor does not have to prove intent only that you committed the act. You do not have to be aware of or have knowledge of the strict liability law to be prosecuted. The article states there are so many strict liability laws that not even the FBI knows...