Construction Law
Liability is an important part of construction contracts. Strict liability applies to the construction industry in that what contractors do has an implied warranty of quality and safety. When a construction company’s work does not meet that standard, it becomes liable for any damages caused to the owner. The application of strict liability can be difficult to understand or manage for construction companies since it has a very low burden of proof for construction defect plaintiffs when construction companies are sued. In this article, a construction law firm in Franklin, TN, discusses strict liability construction law.
Related: Reduce the Risk of Construction Defects and Minimize Liability With These Tips
Injured When Used in Foreseeable Way
Strict liability applies when someone is injured in a building while acting in a way that is intended or foreseeable. For example, walking across a bridge that is meant for pedestrians should be an easy and safe process. If someone is injured while walking across that bridge because of a defect in its design, the company that built the bridge or the architect that designed it can be held liable.
No Need to Prove Negligence
When the case is brought to trial, the plaintiff does not need to prove negligence. The only thing that needs to be proven is that the injury was caused by a design or construction defect that the company was responsible for. This is a very low burden of proof, which makes it in the victim’s best interest to take legal action. This is also why construction companies must spend considerable amounts of time and resources to ensure future work is flawless.
Related: Is Defective Work Covered by General Liability Insurance?
Defective Mass-Produced Item
Manufacturing processes have largely automated the use of the benefits in speed and quality of production. In essence, a company can create a very standardized process that creates standardized products as a result. In the construction industry, the development and use of mass-produced products can lead to strict liability issues.
Mass-produced products are generally less examined than other products. Because of this, manufacturing defects are more common and can lead to problems. For example, mass-produced steel can have weak spots that can compromise the structural integrity of the building. If someone is injured because of this failure, the construction company or the architect can be sued for failing to meet this standard of care.
Building Site Developers
Builders are also held to strict liability standards for the things that they build. They have a responsibility to ensure that the area that they build in as well as the buildings that they make are safe. Failing to take reasonable action to ensure people’s safety is what often leads to injuries and the builder can face legal action.
Strict liability in construction can apply in multiple ways, and construction companies must be careful to avoid potential problems. If you have questions about strict liability, contact a construction law attorney in Franklin, TN, from Cotney Attorneys & Consultants.
If you would like to speak with a construction law lawyer in Franklin, TN, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
FAQs
Strict liability applies to the construction industry in that what contractors do has an implied warranty of quality and safety. When a construction company's work does not meet that standard, it becomes liable for any damages caused to the owner.
What is strict liability in construction? ›
Strict Liability Claims
In a strict liability case, the property owner does not have to prove the general contractor or developer was negligent in constructing the new home. However, they must prove: The contractor or developer was involved in the mass production of housing. A defect in the house exists.
What two things must be proven in a strict liability case? ›
In strict liability claims, however, neither negligence nor intent must be proved. The plaintiff only must show that strict liability rules apply and that they were harmed by the defendant.
What are the three areas of strict liability? ›
The most common instances are:
- product liability claims,
- dog bites, and.
- injuries caused by inherently dangerous activities.
Strict liability, also known as absolute liability, is the legal doctrine that assigns responsibility for damages or injuries even if the person or company that was responsible for the damage or injury was not at fault or negligent.
What is covered under strict liability? ›
In the state of California, strict liability claims often apply to defective product incidents. Products can become defective in a number of ways, including design defects, manufacturing flaws, or issues with advertising or product labeling.
What is strict liability in a contract? ›
Scholars and courts typically describe and defend American contract law as a system of strict liability, or liability without fault. Strict li- ability generally means that the reason for nonperformance does not matter in determining whether a contracting party breached.
How do you win a strict liability case? ›
To win a strict liability case, first, you must be injured. Second, you must prove that the defendant's product or actions caused the injury. As long as their conduct resulted in your injuries and the case falls under strict liability rules, you can make a claim for your damages without having to demonstrate fault.
Who has burden of proof in strict liability? ›
In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous.
What are the three common defenses to strict liability? ›
Defenses to Strict Liability
Common defenses to claims of strict liability are assumption of risk, statute of limitations, statute of repose, and federal preemption.
In criminal law, strict liability is liability for which mens rea (Latin for “guilty mind”) does not have to be proven in relation to one or more elements comprising the actus reus (Latin for “guilty act”) although intention, recklessness or knowledge may be required in relation to other elements of the offence.
What is the key characteristic of strict liability? ›
The defining features of strict liability are the absence of any requirement of fault, whether for all or some of the physical elements of an offence, coupled with the provision of the defence of reasonable mistake of fact.
What is the difference between strict liability and liability without fault? ›
A defendant subject to strict liability must pay damages irrespective of whether she has met, or failed to meet, an applicable standard of conduct. Action that causes harm is all that is required. By contrast, fault-based liability is conceived as liability predicated on some sort of wrongdoing.
What is strict liability in your own words? ›
Overview. In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.
What crimes do not require intent? ›
Strict liability crimes do not require a guilty state of mind. The mere fact that a defendant committed the crime is sufficient to satisfy any inquiry into the defendant's mental state.
What are the three types of defects under which a party may be held strictly liable? ›
The three common types of product liability claims include manufacturing defect, design defect, and marketing defect. Marketing defects may include failure to provide clear safety instructions and warning signs of potential risks, and improper labeling, among others.
What is a strict liability in the workplace? ›
Strict liability is a legal concept that means if you do something that's considered potentially risky, you can be held responsible for any damages or harm that happens because of it — even if you didn't mean it or took all the precautions you could think of to prevent it.
What is the difference between strict liability and no liability? ›
The two main types of remedies we will see for torts are strict liability rules and negligence rules: • Strict liability- The injurer is always liable for damage done. No liability- The injurer is never liable for damage done.
Does strict liability require fault? ›
Strict liability differs from ordinary negligence because strict liability establishes liability without fault. In other words, when a defendant is held strictly liable for harm caused to the plaintiff, he is held liable simply because the injury happened.
