Strict Liability Torts (Product Liability)
Professor: Queen Meheux
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 law.
In the tort law, the strict liability is the enforcement of liability on a party without finding negligence. In the case of a law suit, the plantiff will only need to prove that the tort occurred under the defendant’s responsibility. However, in the product liability the defendant does not have to present at the time when the tort occur to be proven guilty, but the plaintiff must prove not only that the product was defected, but also must prove that the defendant knew the product was defected, because the defendant can argue that the plaintiff caused the defect while using the product. These kinds of cases can be long and difficult for both parties to prove their arguments. The perfect and my favorite case in the product liability is the Rossell v. Volkswagen of America case, where Mrs. Rossell brought an action against the manufacturer and the North American distributor of Volkswagen automobiles on the behalf of her daughter Julie.
In 1958, Rossell was driving her car “Volkswagen” at night around eleven at night with her daughter Julie who was eleven months old at the time, and was on the passenger seat. Rossell fell a sleep behind the wheel, drove off the road, she quickly tried to get back on the road but unfortunately was not able to do so, because of the over steering she completely lost control and flipped the car upside down and sled down the road. Rossell lost consciousness for seven hours. The way this Automobile designed the car battery is