You’ll likely hear the phrase “tort of strict liability” when reading about products liability. I just kept reading the word “tort” and all that came to mind was the Dobos torte cake above, so here’s some help to clarify the differences between torts and crimes while the sugar cravings slowly eat away at your brain.
Tort – A wrongful act that results in injury or interference with another person, their property, or their reputation. This is a private offense, where the victim can be compensated. The plaintiff will “sue” a defendant in a civil case, and the defendant can countersue.
Crime – A wrongful act that injures or interferes with the interest of society, as declared by a relevant and applicable law. This is a public offense, and the victim’s fate is ignored. The defendant will be “tried/prosecuted” by the state.
All crimes to another person are torts. But not all crimes affect other people, and not all torts are unlawful.
- Example of a tort, not a crime: John is running down a crowded sidewalk and runs into Mary, making her fall and breaking her wrist on the pavement.
- Example of a crime, not a tort: Fred is walking around in a public area with an open container of alcohol.
- Example of an act that is both a crime and a tort: Albert kills John, Mary, and Fred.
Strict liability means that a person is legally liable for damages regardless of fault, negligence, or intention. Manufacturers are responsible for ensuring that their products are not defective.
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