An absolute liability is imposed upon a person or company engaged in a hazardous or potentially dangerous business who, by reason of negligence or an act or omission, causes harm or injury to another person or property. Because of the nature of this type of liability, no proof of fault or negligence is needed to hold a person or company liable.
Absolute liability is also known as strict liability.
Because liability is charged regardless of fault or negligence of the insured, many insurance companies do not offer absolute liability insurance. Meanwhile, a few companies offer limited coverage for very premium rates. When there is absolute liability, the offender cannot use the defenses of due diligence and mens rea (guilty mind). Examples of persons or companies who have absolute liability include owners of pools and wild animals and sellers or explosives and firearms.
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