August 12, 2021

STRICT LIABILITY

A strict liability tort refers to extremely significant incidents in which the defendant is legally responsible but not necessarily negligent. A strict liability tort is one in which a person is held accountable only on the basis of the demonstration of specific facts. In other words, no proof of negligence or any other mental aspect is required. Almost all are mandated by law and serve as a form of compensation in specified circumstances.

A man, for example, invites two neighbours to his house. The owner keeps two adult tigers as pets in his backyard, which is safely secured. The tigers can be incredibly aggressive when they are not provoked, and the homeowner warned his neighbours about this before allowing them to enter his land. One of the visitors slips inside the fenced-in tiger enclosure to take a picture. One of the tigers is spooked and jumps over the gate after the man collapses. In a playful fashion, the tiger begins to strike and bite the man. When the owner hears the commotion, he grabs the tiger’s mouth and pulls it away from the neighbor’s throat. Following that, the neighbour receives significant injuries and is transported to the hospital for treatment.

Because he had two wild animals on his property that were not supposed to be in a residential neighbourhood, the homeowner is accountable. He was well aware that the tigers had the potential to injure someone under the right circumstances. The homeowner was not irresponsible in his handling of the tigers. He would not have been injured if the neighbour had not attempted to photograph the tigers without first telling the owner. The homeowner is nonetheless accountable because the tigers should never have been kept as pets on his property in the first place.

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