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strict liability

You might see it in a demand letter, court papers, or a conversation with a lawyer as something like, "the defendant is strictly liable," meaning the injured person does not have to prove the defendant was careless in the usual negligence sense. Liability attaches because of the nature of the activity, product, or legal duty involved. In plain terms, if strict liability applies, the main fight is often over whether the defendant caused the harm and what damages followed, not whether the defendant acted reasonably.

That matters because it can simplify an injury claim. In a product liability case, for example, a manufacturer may be held responsible for injuries caused by a defective product even if the company tried to be careful. The injured person still has to prove the defect, causation, and damages, but not ordinary fault. Strict liability can also come up with certain dangerous activities or, in some states, animal attacks.

In New York, the idea appears in specific areas rather than as a blanket rule for all injury cases. A well-known example is defective products. By contrast, many car crash claims still turn on negligence, and New York's No-Fault Law under Insurance Law § 5102(d) requires a serious injury before an injured person can sue for pain and suffering. So if strict liability is available, it can change the whole path of a claim.

by David Goldstein on 2026-04-02

We provide information, not legal advice. DUI laws change and every arrest is different. An experienced DUI attorney can evaluate your specific situation at no cost.

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