What are the defenses to strict liability?

Question

Is contributory negligence a defense? When? (only in a contributory negligence state?).

What about comparative negligence?

Answer 1

Strict liability means statutory liability, rather than common law liability. Act of God or intervening cause may be defenses. Comparative and contributory negligence are not.

Example: A property owner is strictly liable for damage to property of others if he has blasting done on his property. Even if he hires a licensed and capable blaster, the property owner is liable by statute. The blasting contractor is only liable if he is negligent.

Act of God defense might be: lightning hit the explosives and set them off even though they were safely stored in a building.

Intervening cause might be: a tractor trailer rig crashes into the storage building, causes a fire, and a fire sets off the explosives. The truck accident is the intervening cause.