Strict Liability; Alabama Law

Good Essays
Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 |

|

Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.
Alabama recognizes two theories of strict liability, which are ultra-hazardous or abnormally dangerous activities, and unreasonably dangerous products. Ultra-hazardous itself and the risk of harm it creates to those in the vicinity. The basis for liability is that one who for his own purposes creates an abnormal risk of harm to his neighbors must be responsible for relieving that harm when in fact it does occur. Unreasonably dangerous products are unreasonable when it is foreseeable, and the manufacturer’s ability or unreasonable danger is the measure of its duty in the design of its product. A manufacture’s failure to achieve its full potential in the design unreasonable danger forms the basis for it strict liability in tort. In the following case Dickinson v. City of Huntsville, 822 So. 2d 411, 417 (Ala. 2001) is an example of the ultra-hazardous strict liability.
In May 2000, James Shannon Dickinson, an employee of the City of Huntsville, and Water Pollution Control, Inc., a company of which Dickinson is an officer and in which he is a shareholder, sued Metro Investigations, Inc., Jay Kennedy, an employee of Metro Investigations, and Loretta Spencer, mayor of the City of Huntsville, alleging that Spencer had improperly hired Kennedy and Metro Investigations to investigate his outside business activities and seeking

You May Also Find These Documents Helpful

  • Good Essays

    Strict Liability

    • 2098 Words
    • 5 Pages

    Strict Liability “The law presumes that mens rea is always required in criminal offences, unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute, Parliament will usually indicate the kind of mens rea required…

    • 2098 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Strict Liability

    • 1132 Words
    • 5 Pages

     DEFENITION: STRICT LIABILITY  RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS  EXCEPTIONS  BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g., The defendant is liable to the neighbor…

    • 1132 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Strict Liability

    • 1279 Words
    • 6 Pages

    Topics in Criminal Law May 25, 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something, even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the…

    • 1279 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Running Head: Strict Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil, it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability, especially product liability is well known in tort law, of course criminal law and the corporation…

    • 824 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan, an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product, Eagle Tools Inc. Under strict liability, the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers…

    • 577 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Strict Liability for Defective Products - Part X of the CPA 1999 Section 68(1) provides that where any damage is caused wholly or partly by a defect product, the following persons shall be liable for the damage. The plaintiff only has to prove damage or defect in the product. Part X of CPA does not cover every product. Section 66 provides types of product such as goods and component parts and raw materials. Section 3 provides definition of goods. Only the goods which are purchased for private and…

    • 446 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    August 7, 2009 Criminal Law- 2 Essay on Strict Liability Crimes Having no element for Mens Rea, consequently permits punishment on those that may be blameless to a crime. With that fact, there is definitely a wide range of controversial pro's and con's. I personally am unbiased either way regarding this topic, for any and all concerns I feel are legitimate. What I will set forth here is unbiased opinion and facts to all pro's…

    • 426 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    How does the law justify imposing strict liability for some criminal offences? ‘actus non facit nise men sit rea’ means an act alone cannot constitute guilt without the proof of a guilty mind, for most criminal cases. Strict Liability is the legal responsibility for injury or damages even if the person was not at fault or negligent; this contradicts the above Latin maxim as it places sole responsibility upon a defendant without the proof of ‘mens rea.’ Strict liability is a topic that has both its…

    • 706 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those harmed II. Classification of Torts * In the US, torts are classified as intentional, negligent, or strict liability…

    • 2531 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    July 4, 2012 BAM530 Business Ethics Unit 3 Question #3: Evaluate the concept of strict liability. Strict liability is the legal responsibility levied on a person or company for certain damages or injury even if they were not at fault. Strict liability can even apply even if the person or company did not physically commit any act to cause the actual injury. Corporations can be held liable for the defects of their product even if they did not know about the problem or harm…

    • 409 Words
    • 2 Pages
    Satisfactory Essays