Absolute Liability In Insurance
The absolute liability in insurance can be defined as actions, inactions, or negligence that leads to losses or damages to a third-party. The insurer is obligated to determine the third-party affected by the damage that occurred while the insured party violated the insurance policy. The term can be used by insurance companies in malpractice cases, car accidents with an innocent party as a victim, etc. Absolute liability is imposed on the accused party, and legal actions can result from such a situation. The desire to harm or cause damage is irrelevant in the case of absolute liability, as an absolute liability can occur even without intent.
The party that is considered of absolute liability can be a person or a company. Either can be blamed for potentially dangerous or hazardous practices that caused harm or injury to another entity, property, or individual. The nature of absolute liability does not require proof of culpability or confirmation of negligence to judge liability.
When is Absolute Liability Imposed?
The following situations can lead to an individual or a company to be held liable based on the definition of liability and regardless of whether or not they had malicious intent.
- Injuries suffered by employees while working;
- Wild or dangerous animals that are in someone’s legal custody that cause harm to property or individuals;
- Manufacturing or storing flammable materials or explosives that explode and cause harm to property or individuals;
- Commercializing defective or harmful products that cause harm to others.
Each of the situations listed above is considered highly dangerous and extreme examples, and the law of absolute liability is enforced. The company or individual will be held responsible for those instances regardless of whether they tried to prevent the harm from occurring or if it was an accident. The reason for that is the fact that they created the opportunity that leads to the damage or harm of someone or something. In these cases, the insurance company can deny the insured to get coverage for a breach of policy. However, the third party will be covered by the insurance company up to the statutory limits.
Instances when Absolute Liability is excluded
While the examples above show instances when absolute liability is applied, there are some exceptions to the rule. Some special considerations are needed when particularities change.
- From the wild and dangerous animals rule the exclusions are pets; however, if a dog bites someone and the owner was aware of the dog’s tendencies, the owner is held liable;
- From the defective or harmful products rule the exclusion happens if the affected party can not provide evidence that the product is faulty and causes harm.
Popular Insurance Terms
Enacted on April 1, 1997; provides protection against creditors for irrevocable trusts provided that the trust has a grantor who is a discretionary beneficiary. In order for the statute of ...
Sum provided by a disability income insurance that pays a multiple of the monthly indemnity to cover the costs associated with a retraining course attended by the insured wage earner when ...
Under Section 1035 of the Internal Revenue Code, stipulation that the exchange of one life insurance policy for another life insurance policy will generally not result in a recognized gain ...
Insurance for owners and operators of private, municipal, or commercial airports, as well as fixed-base operators, against claims resulting from injuries to members of the general public or ...
Coverage for the insured in the event that the insured's negligent acts and/or omissions result in losses in connection with the use, ownership, or maintenance of aircraft. Liability ...
Type of coverage in which an insured's own policy provides indemnity for bodily injury and/or property damage without regard to fault. In many instances it is difficult if not impossible to ...
Same as term Concurrency: in which at least two insurance policies provide identical coverage for the same risk. ...
Clause in a reinsurance policy that excludes the reinsurer's liability for losses occurring after a stipulated date. ...
Expense listed on the Income and Expenditure accounting statement for the unexpired insurance policy owned. ...

Have a question or comment?
We're here to help.