Strict Liability Torts in Australia

Introduction

Strict liability in Australia tort law imposes liability without proof of fault in certain circumstances. Strict liability applies to inherently dangerous activities, defective products, and certain animals.

Product Liability

Manufacturers and suppliers may be strictly liable for harm caused by defective products. The liability extends to design defects, manufacturing defects, and failure to warn of risks.

Abnormal Dangerous Activities

Persons who conduct abnormally dangerous activities are strictly liable for harm caused, even if they exercise reasonable care. This rule is based on the principle that those who create special risks should bear the resulting losses.

Animals

Keepers of dangerous animals are strictly liable for harm caused by the animal. Liability for trespassing animals also follows strict principles.

Conclusion

Strict liability torts in Australia allocate responsibility for losses arising from activities that create exceptional risks, reflecting a policy judgment that certain activities should bear their own costs.