by Krystle Hernandez

Created on: July 05, 2010

In the law, the concept of liability is extremely important.  Black's Law Dictionary defines liability as "the quality or state of being legally obligated or accountable."  In other words, liability is an individual (or group of individuals') responsibility to either another party or to society at large. These responsibilities are enforceable by the courts, either in a civil or criminal context.  Parties can be civilly liable, ultimately requiring them to pay money damages or undergo the requirements of court-ordered specific performance.  Parties can also be held criminally liable for their actions, in which case they may be subjected to a number of criminal sanctions including fines, imprisonment, or corporeal punishment, depending on the jurisdiction and the particular criminal statute that the individual was found to have violated.

Although the concept of liability is a thread that runs through the legal system in the United States, there are a variety of forms of liability, each of which may have its own implications under the law.  One such form of liability is termed "strict liability."  In essence, the concept of strict liability provides that a party is responsible for their actions, without regard for actual negligence (in the civil context) or an intent to harm (in the criminal context).  Instead, strict liability is imposed when a party under an absolute duty to make something safe has breached this duty and the breach proximately causes an injury.

In the civil context, strict liability is most often imposed for abnormally dangerous activities.  Because these activities are so dangerous, not only to particular individuals but to society as a whole, the courts have imposed a strict standard of care for individuals who engage in such activities.  Thus, these individuals are required to ensure that their conduct is as safe as possible.  If this duty is breached and an a plaintiff ultimately suffers injuries as a result of the activity, however,  a defendant will likely be found strictly liable because this form of liability is not based on fault.  In other words, the defendant may not have been negligent in conducting the activity, but simply because someone was injured, he or she is responsible for compensating the victim for his or her losses. 

In the criminal context, liability is most often based on mens rea (an individual's intent to commit a particular crime).  Mens rea is

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