What is a strict liability tort and in what instances is it used?

Answer 1

Let’s look at the Third Restatement for Tort Law: Liability for Physical and Emotional Harm §20. “Typically, the victim is a passive, uninvolved third party”

In regard to strict liability, such cases are based partly on the level of risk posed by such activities. Thus, the higher of risk that is posed = higher punishment/liability. Take driving, for example: there is a mutual risk of an auto crash among drivers, yet there are various dangerous-activities which constitute strict liability. Hence, a risk created solely by the defendant that is both a public danger and an unusual activity not committed by majority. Hence, why there is a large emphasis on economic punitive measures as cost avoidance is thought to be a sufficient deterrent- mechanism for unlawful behavior.