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 Real Estate Terms
Misuse, alteration, destruction, or neglect of land by an individual right-fully in possession that breeds a significant and permanent reduction of its value to the legal interest owned by ...
Real estate not subject to property tax such as that owned by nonprofit entities including charitable, governmental, religious institutions. ...
The imposition or collection, usually by legal or governmental authority, of an assessment of a specified amount. An example is a tax assessment on real estate. ...
The abstract of judgment definition is best explained as a written summary of the judgment passed by a court. This abstract of judgment includes the amount of money the losing party of a ...
Court action to order a compulsory sale of real estate owned jointly between two or more owners. A partition action divides the proceeds of a real estate sale among the joint owners rather ...
House made using standardized components that are preassembled on an assembly line in a factory rather than being built from "scratch" on a site. Normally, the prefabricate house is trucked ...
Economic principle determining the market prices of goods, services, and property. The principle states there is a pricing relationship between supply and demand for real property. Economic ...
Unlimited interest in property. A freehold estate may be a fee simple or file estate. Freehold estate includes freehold in deed, a fee simple estate; freehold in law, an inheritable estate; ...
Surveyor's use of hypothetical lines to portray a properties position. North to South in the meridian line while East to West is the base line. ...
Have a question or comment?
We're here to help.