Associate Safety Professional Practice Exam

What type of liability is associated with products that are inherently dangerous?

1. Negligence

2. Contractual liability

3. Strict liability

4. Vicarious liability

The correct answer is: Strict liability

Strict liability is the appropriate type of liability associated with products that are inherently dangerous. In strict liability cases, a manufacturer or seller can be held responsible for damages caused by a defective product, regardless of whether they exercised due care in the creation or sale of that product. This principle is particularly relevant for inherently dangerous products, where the risk posed by the product is recognized as so significant that a higher standard of responsibility is warranted. For example, if a company produces a chemical that is known to be hazardous, it can be held strictly liable if that chemical causes harm as a result of its use, even if the company followed all safety protocols during production and sale. The rationale behind strict liability is to encourage manufacturers to ensure the safety of their products and to provide compensation for victims without the need for the injured party to prove negligence. In contrast, negligence relies on the failure to exercise reasonable care, contractual liability relates to breaches of agreements, and vicarious liability concerns holding one party liable for the actions of another, typically in employer-employee relationships. None of these align with the inherent risks associated with products considered dangerous, making strict liability the fitting choice.