Question

Why is a strict liability tort more challenging to defend? It usually is accompanied by a separate criminal case. It is the type of tort that captures the most public attention The plaintiff does not need to prove all elements of negligence. The damages claimed by the plaintiff are impossible to measure.

Answer 1

Defending strict liability torts is challenging because the plaintiff does not need to prove the defendant's negligence, only that the defendant's actions caused harm. The standard of proof is 'beyond a preponderance of the evidence', which is lower than the criminal standard of 'beyond a reasonable doubt'. This makes it easier for plaintiffs to succeed in these types of civil cases.

Step-by-step explanation:

Strict liability torts present defense challenges because they do not require the plaintiff to prove all the elements of negligence. In cases of strict liability, the focus is not on the intent or negligence of the defendant but on the occurrence of certain actions or conditions that lead to harm. The defendant may be held liable simply for engaging in a particular activity that caused damage, regardless of any precautions taken.

In contrast to criminal cases where guilt must be proven 'beyond a reasonable doubt', civil cases such as strict liability torts require proof 'beyond a preponderance of the evidence'. This means the evidence simply needs to weigh more heavily toward the plaintiff's side, making it a lower standard to meet compared to the criminal standard.

However, despite the differences between criminal and civil law proceedings, strict liability tort cases are challenging in defense mainly because they relieve the plaintiff of the burden to demonstrate the defendant's fault or negligence.

Answer 2

Strict liability torts are more challenging to defend due to several reasons, such as not needing to prove all elements of negligence and the difficulty in measuring damages.

Step-by-step explanation:

Strict liability torts are more challenging to defend due to several reasons:

1. The plaintiff does not need to prove all elements of negligence, making it easier for them to establish liability.
2. Strict liability torts can be accompanied by a separate criminal case, which increases the complexity of the defense strategies.
3. These types of torts often capture public attention, leading to higher scrutiny and public perception.
4. Lastly, the damages claimed by the plaintiff in strict liability torts can be difficult to measure, making it challenging for the defense to argue against the amount claimed.