strict liability

Liability without fault. Goodwin v. Reilley, 1 Dist., 176 Cal.App.3d 86, 221 Cal.Rptr. 374, 376.

A concept applied by the courts in product liability cases in which seller is liable for any and all defective or hazardous products which unduly threaten a consumer's personal safety. This doctrine poses strict liability on one who sells product in defective condition unreasonably dangerous to user or consumer for harm caused to ultimate user or consumer if seller is engaged in business of selling such product, and product is expected to and does reach user or consumer without substantial change in condition in which it is sold. Davis v. Gibson Products Co., Tex.Civ.App., 505 S.W.2d 682, 688.

Concept of strict liability in tort is founded on the premise that when manufacturer presents his goods to the public for sale, he represents they are suitable for their intended use, and to invoke such doctrine it is essential to prove that the product was defective when placed in the stream of commerce. Herbstman v. Eastman Kodak Co., 68 N.J. 1, 342 A.2d 181, 184.

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

(a) the seller is engaged in the business of selling such a product, and

(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller. Restatement, Second, Torts, No. 402A.

See also product liability

- warranty

@ strict liability crimes

Unlawful acts whose elements do not contain the need for criminal intent or mens rea. These crimes are usually acts that endanger the public welfare, such as illegal dumping of toxic wastes. State v. Lucero, 87 N.M. 242, 531 P.2d 1215, 1218

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