Strict liability
Strict liability is a legal doctrine that holds an individual or organisation responsible for damage caused whether they have intent or not. It forms part of the law of tort.
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which has been caused by the actions, omissions or statements of another person in circumstances that the latter was in breach of a duty or obligation imposed by law.
In tort, rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
Under strict liability, the plaintiff is under no obligation to prove fault, negligence or intention on the part of the defendant, only that there has been damage and/or loss caused to them and the defendant was responsible for it either by their acts or omissions.
Strict liability has, for example, been applied by common law in situations where there is a potentially dangerous and non-natural object or operation on an owner’s land. It has been held that the ordinary law of negligence may not afford proper protection under these circumstances, and so, the law has created a liability that is 'strict', where a duty of care is not necessary. The intention of this is to dissuade recklessness and unnecessary loss by encouraging defendants to take all precautions possible.
The case of Rylands v Fletcher [1868] first formulated strict liability. It involved a defendant who had built a reservoir on his land. When the reservoir was filled, the water flooded the plaintiff’s neighbouring coal mines. Despite the defendant not being at fault, he was held liable.
Strict liability has also been attributed to:
- Some aspects of consumer law.
- Contracts and appointment agreements, where the requirement for 'reasonable skill and care' has not been applied throughout.
- Injuries in the workplace (removed in 2013).
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
ECA digital series unveils road to net-zero.
Retrofit and Decarbonisation framework N9 launched
Aligned with LHCPG social value strategy and the Gold Standard.
Competence framework for sustainability
In the built environment launched by CIC and the Edge.
Institute of Roofing members welcomed into CIOB
IoR members transition to CIOB membership based on individual expertise and qualifications.
Join the Building Safety Linkedin group to stay up-to-date and join the debate.
Government responds to the final Grenfell Inquiry report
A with a brief summary with reactions to their response.
A brief description and background to this new February law.
Everything you need to know about building conservation and the historic environment.
NFCC publishes Industry White Paper on Remediation
Calling for a coordinated approach and cross-departmental Construction Skills Strategy to manage workforce development.
'who blames whom and for what, and there are three reasons for doing that: legal , cultural and moral"
How the Home Energy Model will be different from SAP
Comparing different building energy models.
Mapping approaches for standardisation.
UK Construction contract spending up at the start of 2025
New construction orders increase by 69 percent on December.
Preparing for the future: how specifiers can lead the way
As the construction industry prepares for the updated home and building efficiency standards.
Embodied Carbon in the Built Environment
A practical guide for built environment professionals.
Updating the minimum energy efficiency standards
Background and key points to the current consultation.
Heritage building skills and live-site training.