Business Law and Strict Liability Essay

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As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to others.

Running a gas station is an ultra-hazardous activity whose dangers can be mitigated as much as possible, but the very nature of the activity is impossible to make completely safe. Therefore, unlike the situation in the supermarket, any injuries suffered by victims of a fire or an explosion caused by the gas station's stored hazardous liquids would not require any showing of negligence on the part of the gas station owners or operators. (Of course, if the plaintiff was injured in a slip and fall in the cashier area and not because of the inherently dangerous aspect of gasoline storage, the same requirement would apply with respect to establishing a negligent breach of duty would apply even at the gas station.

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Public Policy Rationale:

Ordinary liability requires some negligence to satisfy the element of breached duty of care, because there must be some logical basis for faulting the defendant company. However, public policy demands strict liability where a company (or individual) chooses to engage in commercial activity of a type that is so inherently dangerous that all of its potential risks cannot be completely eliminated. In strict liability, the logical basis of responsibility is not fault, but simply the fairness of protecting others from the possible harmful consequences of that company's choice of commercial activities. Strict liability is a means of allowing potentially dangerous commercial activities while ensuring that those who choose such businesses bear the risk of loss instead of innocent victims who do not profit from the activities and who did not make the choice to engage in them......

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