{"id":612,"date":"2009-08-20T15:23:11","date_gmt":"2009-08-20T14:23:11","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=612"},"modified":"2009-08-20T15:24:24","modified_gmt":"2009-08-20T14:24:24","slug":"what-is-strict-liability","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/what-is-strict-liability\/","title":{"rendered":"What is Strict Liability?"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2009\/08\/strict-liability-300x238.jpg\" alt=\"strict-liability\" title=\"strict-liability\" width=\"250\" height=\"188\" class=\"alignright size-medium wp-image-613\" \/>Most accident claims are fault based &#8211; this means that in order for your claim to succeed, you must prove that the defendant is at fault (the Defendant being the person you hold responsible). In order to sue a party for the \u2018tort\u2019 of negligence you must prove (among other things) that the Defendant breached the duty of care he owed to you. <\/p>\n<p>So to qualify for the fault \u2018test\u2019 you must show that the Defendant\u2019s standard of care fell below that of a reasonable careful person and he is therefore <strong>blameworthy<\/strong>.<br \/>\n<!--more--><\/p>\n<p>However, not all <a href=\"http:\/\/www.theinjurylawyers.co.uk\/100-percent-compensation-4u.php\">compensation<\/a> claims in tort are based on the fault principle. Some are based on <strong>strict liability<\/strong> which means that you would not have to prove that the Defendant is at fault.<\/p>\n<p>Such claims include:<\/p>\n<ul>\n<li>Product liability claims<\/li>\n<li>Vicarious liability<\/li>\n<\/ul>\n<p><strong>Product liability claims<\/strong><br \/>\nUnder the consumer Act 1987, there is strict liability imposed on a producer of a product, which is defective and as a result causes <a href=\"http:\/\/www.theinjurylawyers.co.uk\/\">injury<\/a>.<\/p>\n<p>So if you are injured by a defective product, you won\u2019t have to prove that the producer of that product is to blame for the defect \u2013 just that the defect was there.<\/p>\n<p>The producer will only have a defence to this is:<\/p>\n<ul>\n<li>He can show the defect wasn\u2019t present at the time the product left his factory<\/li>\n<li>That the scientific knowledge needed to avoid the defect was not available when he made it<\/li>\n<\/ul>\n<p><strong>Vicarious liability<\/strong><br \/>\nThis means that an employer is liable for the torts of his employee (provided that the torts are committed in the course of the employee\u2019s employment)<\/p>\n<p>So, this means if an \u2018 Argos\u2019 driver (for example) ploughs into the back of your car whilst he is in his round of delivery, \u2018Argos\u2019 will be liable for the drivers actions and will have to compensate you accordingly.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Most accident claims are fault based &#8211; this means that in order for your claim to succeed, you must prove that the defendant is at fault (the Defendant being the person you hold responsible). In order to sue a party for the \u2018tort\u2019 of negligence you must prove (among other things) that the Defendant breached &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/what-is-strict-liability\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">What is Strict Liability?<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-612","post","type-post","status-publish","format-standard","hentry","category-understanding-law-claims"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>What is Strict Liability?<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/what-is-strict-liability\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"What is Strict Liability?\" \/>\n<meta property=\"og:description\" content=\"Most accident claims are fault based &#8211; this means that in order for your claim to succeed, you must prove that the defendant is at fault (the Defendant being the person you hold responsible). 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