In Oklahoma law, some acts are subject to strict liability. Strict liability is a rather unforgiving rule. It essentially imposes liability for damages on the defendant and takes no account of the fault of the plaintiff. That’s why Oklahoma attorneys refer to it as liability without fault. The main elements that must be present are:
– the defendant was the primary cause of an action
– that caused harm
– to the plaintiff
This is applicable in both civil and criminal cases. Keep reading to understand how this applies to both civil and criminal cases and what it means.
Civil Cases of Oklahoma Strict Liability:
Generally, strict liability applies to product defect and manufacturing defect cases in the civil world. This means that a manufacturer or supplier of a defective product would be liable for damages caused by their products. For example, one of the most cited cases in Oklahoma is the Northrip v. Montgomery Ward & Co. case. Here a man had purchased a vehicle battery from Montgomery Ward & Co. When the battery cables became loose Mr. Northrip used pliers to adjust the cables. This resulted in a fire which destroying Mr. Northrip’s equipment, causing thousands of dollars worth of damages. In this case, the liability was strictly on Montgomery Ward & Co.
Criminal Cases of Oklahoma Strict Liability:
This kind of Liability without fault carries a much different assessment when used in criminal law. A handful of crimes exist which carry this penalty. These include: statutory rape, selling alcohol to a minor, possession of drugs, and traffic tickets. In an article for the Stanford Law Review Dr. Wasserman, a Stanford professor, points out the criminal elements of crimes where the defendant is strictly liable. Mainly, as long as a law was broken it does not matter if an offender had the intent to break it or not. To illustrate, if a person is speeding and receives a ticket, it does not matter that the offender did or did not know the actual speed limit. It only matters that the driver was speeding.
Liability Without Fault Law Firm In Tulsa Oklahoma:
If you’re facing a legal issue in Oklahoma we can help. Regardless of the legal issue you don’t have to go it alone. Our attorneys handle cases throughout the state a want to help you. For answers to legal questions feel free to brows our Tulsa law info blog. If you’d like a free consultation call us at 918.743.2233 we will generally see you within 24 hours.