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Absolute Liability

Absolute liability, also referred to as strict liability, is a form of liability mandated regardless of who’s at fault. If an individual is found to have an absolute legal liability, that certain individual is obligated to pay damages and otherwise answer the events and injuries, even if that individual is not really personally responsible. Furthermore, under liability insurance, it is described as if the person caused damage or injuries t someone, that law requires the people engaged to them to assume responsibility for the consequences regardless of how much care is taken to prevent any damage. There are a lot of different settings wherein this specific liability standard can be applied for many legal reasons. However, absolute liability varies from one jurisdiction to another.

In some other regions, most employers have an absolute liability for the acts and actions made by their employees. If in case an employee did something that resulted to injuries, losses and damages, the employer is held responsible and liable to those instances even if the employer was totally unaware of the situation. Another situation which this type of liability is applied is to people who own livestock and pets. If the animals cause injuries, their corresponding owners are liable to it since animals are inherently dangerous. Even if a certain animal has no recorded violence which would provide precautions to the owner, the pet owner is till liable to the possible damages caused by the animal.

Absolute liability is also imposed to products liability law. The manufacturers are liable to any defective products even if they do not know that there are really defects. This standard mandates quick recall of the defective products together with settlement offers to people who are suffered by the products. If the company is sued due to the defective products, their defense may lie on the arguments about reasonable and normal use of the product since they cannot justify themselves by proclaiming that they do not know the defects.

Engaging in harmful activities can be used as grounds for absolute liability. This is why manufacturing and other activities could result to this type of liability. If a certain activity could cause danger and people do it out of necessity and desire, they will be responsible for the results. In the contrary, in situations where a certain activity is not dangerous according to normal conditions and a particular accident or injuries occur, negligence should be proven in order to establish liability.

Liability law is most of the time complex. If cases have reached to court, it is important to determine which standard of liability is applied to the case. The judge of the case may need to review all the facts of the filed case together with an established case law as well as other references upon deciding on how to evaluate the liability involved in the situation. For parties who want to absolve themselves on the liability, trying may have a strong incentive to argue that absolute liability is not applied on the case.