Is strict liability a type of legal punishment?
Residents of Tampa may have heard the phrase strict liability, but since it is what may be called a term of the trade, those who do not have any legal background may not understand exactly what it means.
In fact, when thinks of a strict person, they often think of someone who either is quick to punish offenses or whose punishments are relatively harsh.
Strict liability is a bit different in that it does not refer to a punishment. Instead, what it means is that a person, or business, is going to have to pay compensation to an injured victim even if the business exercised reasonable care in trying to prevent the victim’s injury. In other words, a defendant in a strict liability case does not have to be negligent in order to be responsible.
In Florida, as in other states, the concept of strict liability is commonly applied in products liability cases to manufacturers of consumer goods of all types, ranging from prescription drugs to common food items to toys to automobiles and their component parts.
The idea behind strict liability is that it is much easier for a manufacturer just to make sure that dangerous products do not go out in to the marketplace than it is for an injured victim to prove negligence after an injury has occurred.
Strict liability does not, however, imply an automatic win for a victim so long as he or she was injured by a consumer product. There are several legal hurdles the victim will have to navigate before he or she gets the benefit of strict liability and, even then, a manufacturer may still have some defenses available to it. The help of an experienced products liability attorney may therefore be important.
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