When Strict Liability Applies to Premises Liability

Strict premises liability is a law that makes a property owner or tenant automatically liable for injury befalling a guest on the property. This type of law, however, only applies in certain circumstances.

Strict Liability Explained

Strict liability laws find that a party was responsible for the injury or damages that befell another party regardless of the cause or type of injury. Essentially, it finds that the injury was so egregious and could have been prevented that the property owner or tenant’s failure to do so makes him responsible for the injury. In a suit brought against the owner or tenant, the owner has no defense. The only debatable issue in these types of cases is the amount of damages the injured party is entitled to.

Strict Premise Liability

Strict premises liability is the facet of strict liability laws that apply to the maintenance and upkeep of property. Therefore, the injured party must have been injured on another person’s property.. This type of law applies to extremely dangerous events, for example, demolishing a building with explosives. Other types of strict liability activities include setting off fireworks and storing gasoline.

The theory behind strict premise liability is that some activities are so dangerous in and of themselves that by engaging in them the participant assumes liability for any damage that may occur. Therefore, any injury that does result falls automatically at the feet of the person that participated in the behavior. The amount of caution, warnings and the status of the guest are irrelevant because nothing can negate the inherent dangerousness of the activity.

Obtaining Legal Assistance

If you or someone you know has been injured on another person’s or your own property, seek legal advice about whether you can be found strictly liable for the injury. An attorney will evaluate the facts of your case and determine whether the activity was so dangerous that you are prevented from disputing responsibility.

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