What is Strict Liability

              In modern law of torts, absolute liability or means liability without fault I.e. without intention or negligence. The wrong arises from the breach of absolute duty. Absolute duty means a duty which renders a man liable without any fault of his, irrespective of absence of any intention or negligence.

Definition of Strict Liability : 
 

               There are certain circumstances in which a person is made liable without any fault or intention or negligence on his part. The liability arises for breach of duty on his part, such liability is called Strict Liability.   

Absolute liability arises in five cases

1. Escape of dangerous things.

2. Escape of animals.

3. Use of things naturally dangerous.

4. Dangerous premises.

5. Persons professing skill.

1. Escape of dangerous things.

                The owner or occupier of land may use his land for any lawful and natural purpose and for it no action can be maintained against him. But if he is negligent and causes damage to his neighbor, he will be held liable.

                 This is based on the maxim - sic utere tuo it alienum non laedas which means everyone must so use his own property as not to cause damage or injury to the property to another.

Salmond calls Absolute Liability, while Winfield calls it strict Liability because of limited application of the rule.



Relevant Case law : 

Rylands Vs. Fletcher 1868) LR 3 HL 330