Risicoaansprakelijkheid
Strict liability
Strict liability is a form of liability under which the party causing damage is held liable without the need to prove fault or negligence.
Strict liability arises where statute or case law provides that a party is liable for damage resulting from a specific risk inherent in certain activities or things. This differs from fault-based liability in that the injured party is not required to prove intent or negligence.
The regime is relevant because it strengthens the protection afforded to victims and shifts the burden of proof onto the party that creates or controls the risk. In practice, it is frequently applied in cases of product liability, liability for animals and environmental damage, thereby requiring companies and owners to implement preventive measures.
“The owner of the dog was held liable for the bite incident on the basis of strict liability, without the injured party being required to prove that the owner had acted negligently.”
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