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What can a defendant present to win a strict liability case?

1) Evidence of due care
2) Proof of intent
3) Testimony from witnesses
4) Expert opinion

1 Answer

1 vote

Final answer:

In strict liability cases, evidence of due care or proof of intent is not typically relevant. The focus is on whether the activity was the cause of harm. Expert witness testimony may help challenge causation or application of strict liability, offering a potential path to a successful defense.

Step-by-step explanation:

In strict liability cases, the defendant's responsibility for damages is not contingent on the presence of negligence or intent. Generally, it involves situations where the activities conducted are considered inherently dangerous, and thus, an individual or company involved in these activities may be held liable even if they have taken all reasonable precautions and have not acted negligently.

Therefore, presenting evidence of due care is usually irrelevant in a strict liability case because the defendant may be held liable regardless of the precautions taken. Similarly, proof of intent is not a factor for the same reason; strict liability does not depend on the defendant's intent.

User Damien Cassou
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