Chapter 3 Strict Liability

• Library: The South Carolina Law of Torts (SCBar) (2023 Ed.)

CHAPTER 3 STRICT LIABILITY

Strict liability focuses on torts for which the defendant may be liable even though he may have used due care. In South Carolina, "[t]he extent to which the common law recognizes strict liability is limited to a few narrowly defined categories such as cattle trespass, public callings, certain kinds of nuisances, and ultra-hazardous activities."¹

The term "strict liability," however, does not mean absolute liability in the sense of being an insurer for all possible injuries...