To hold a product seller strictly liable
, the plaintiff had to prove both that the product was defective and that the defect caused the plaintiff's harm.
Indeed, not only will the Polar Code make vessel owners strictly liable
for cleanup costs and damages, but may also preclude vessel owners from accessing the liability cap provided by OPA.
How does an operator ensure that alcohol or narcotics are not used "in or around" a mine, particularly in light of the fact that operators are strictly liable
for any such violation?
The relevant legislation is the Consumer Protection Act 1987 which provides that the producer/manufacturer of a defective product is strictly liable
for any damage caused by the product.
If the Inco refinery was a "non-natural use" of its land, it may be strictly liable
to the residents.
Similarly, a New Hampshire state law enacted in 1949 held the owner of a wild boar strictly liable
in trespass for damage caused to another's property.
The potential purchaser sues the keeper on the basis that under the Animals Act 1971, the keeper of a domestic animal is strictly liable
for the injury caused by that animal if it is due to a characteristic not normally found in the animal and those characteristics are known to the keeper.
If the FFI complies with the agreement, it will not be held strictly liable
for failing to identify a U.S.
Thus the owner is held strictly liable
for any injury or harm caused by his or her wild animal, regardless of intent or fault.
-- A federal court here last month reaffirmed the long-standing notion that retailers can be found strictly liable
when they sell defective products.
Otis Elevator Co., (1) the Massachusetts Appeals Court held that a trademark licensor who participates substantially in the design, manufacture, or distribution of a licensee's products may be held strictly liable
for product defects, even if the licensor was not an actual link in the distribution chain.
The standards were developed under the federal CERCLA, or Superfund, law that holds a landowner "strictly liable
" for cleaning up contamination on his or her property unless the owner qualifies as a "bona fide prospective purchaser" or an "innocent landowner" under the statute In other words, if you don't carefully and fully comply with the prescribed environmental due-diligence process, you might be exposing yourself to considerable liability down the road.