What Are Some Measurements To Prevent Strict Liability Torts
Strict liability torts relate exclusively to recovery of damages from manufacturers or retailers who have to assume responsibility for injury and damage that may have been caused by any faulty product they deal with. Strict liability torts do not entail prosecution. Negligence is not a matter of relevance. |
Strict liability torts must prove that a) a product or activity is potentially harmful, b) that despite reasonable care, the use of the product carries a high element of risk and c) that the activity is not performed in the course of normal events.
Strict liability torts are not concerned with the degree of caution exercised, rather it revolves around the causative action itself. For instance, if a dog bites the person, strict liability torts does not consider the fact the owner had exercised due caution by chaining the dog and that the dog has broken the chain. Only the fact of the bite -- the damage caused is relevant.
Some of the misdemeanors within the purview of strict liability torts are detailed below:
1) Invasion of privacy of another which can result in damage to him.
2) Assuming the name and likeness of another, tantamount to invasion of privacy.
3) Adverse publicity of another which causes him harm.
4) Public misrepresentation of another resulting in damage to his self or reputation.
In a strict liability action, the plaintiff relies on the doctrine of ‘res ipsa loquitur’ where ‘the action speaks for itself’. The plaintiff is not required to prove causative events of negligence that led to the action.
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