Liability without fault and the theory of created risk in tort

Abstract

When one sets one’s mind to try to find a meaning to the words “Civil Liability," the first thought that enters ores head is - "The making good of damage caused by one’s fault. It is an undeniable fact that if one were not to think at length about the matter, one would equate liability with fault and vice versa. Having said the above, one may rightly ask; "Why all this stress on liability without fault? Is it not only just and according to the principles of natural law, that an individual is made liable for damage only if it occurs through his fault?" At first glance, the answer would be in the affirmative. However, a studied reply may be different if one were to consider liability for damage done by things in one’s care, which is the immediate subject of the title heading. Why should the victim of an accident caused by a thing belonging to Mr. A remain uncompensated, because no fault can be found on Mr. A’s behalf, when it is he who benefits from the thing in his care and has created the risk? One can therefore appreciate how and why liability without fault cannot be so haphazardly disregarded when it comes to damage done by things in one’s care.