Absolute liability

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Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions.

To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (mens rea). In a crime of strict or absolute liability, a person could be guilty even if there was no intention to commit a crime. The difference between strict and absolute liability is whether the defence of a “mistake of fact” is available: in a crime of absolute liability, a mistake of fact is not a defence. Strict or absolute liability can also arise from inherently dangerous activities or defective products that are likely to result in a harm to another, regardless of protection taken, such as owning a pet rattle snake; negligence is not required to be proven.