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Exploring Three Variations on Strict Liability: From Extra Debtors to Limited Defenses


Strict liability is a legal concept that holds individuals or entities responsible for certain actions or conditions, irrespective of fault or intent. In this blog post, we will delve into three major variations of strict liability, each with its unique characteristics and implications. From liability with an extra debtor to responsibility for a defective object and liability with a limited defense, these variations offer different perspectives on the application of strict(er) liability.

1️⃣ Liability with an Extra Debtor

The first variation involves rules where a person is held jointly liable with the individual who directly caused the damage due to negligent conduct. A prime example of this category is the employer's liability for damage caused by an employee, known as vicarious liability. While England and France strictly hold employers liable if the employee's conduct is related to the employer's business, Germany allows employers to prove they were not negligent in selecting, instructing, and supervising the employee. The aim is to provide the victim with a more financially secure debtor, improving the chances of obtaining damages.

2️⃣ Liability for a Defective Object

Strict liability for a defective object focuses on the condition and safety of a thing rather than the negligence of its owner, user, or producer. An exemplary instance is found in the European Directive on liability for defective products. According to the directive, manufacturers are liable for damage caused by defects in their products. This approach aims to simplify the burden of proof for the claimant, emphasizing the product's safety rather than the defendant's negligent conduct.

3️⃣ Liability with a Limited Defense

The third variation, perhaps the most classic form of strict liability, is independent of the defendant's conduct. This type of liability is established upon the materialization of the risk, unless a specific defense applies. Defenses, such as the Act of God in English law or the external cause in French and German law, may be invoked, provided they were objectively unforeseeable and unavoidable. This form of strict liability traces remnants of fault liability, showing the evolution of depersonalization in tort law.

Examples of this category of strict liability can be found in various legal systems, including liability for animals, things, and persons in France, as well as liability for motor vehicles and installations in Germany. Some systems even adopt absolute liability, excluding defenses like contributory negligence unless the victim committed an inexcusable fault.


Strict liability, in its various forms, plays a crucial role in shaping legal frameworks to protect individuals and entities from harm. Whether holding extra debtors accountable, focusing on defective objects, or implementing limited defenses, these variations aim to strike a balance between providing justice for victims and ensuring fairness for defendants. Understanding these nuances is essential for comprehending the evolving landscape of strict liability in the legal realm.

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