Canadian Accredited Insurance Broker (CAIB) One Practice Exam

What does strict liability assume regarding a person’s guilt?

1. A person is presumed innocent until proven guilty

2. A person is guilty until proven innocent

3. All actions are judged equally

4. A person is only liable for intentional acts

The correct answer is: A person is guilty until proven innocent

Strict liability is a legal concept wherein a party is held responsible for their actions or products regardless of intent or negligence. In the context of strict liability, the presumption is that a person is liable for harm caused, even if there was no intention to cause that harm. Therefore, the idea that a person is guilty until proven innocent aligns well with the nature of strict liability, as it does not require proof of negligence or intent; the mere fact that harm occurred makes the person liable. This principle often applies in cases involving inherently dangerous activities or defective products, where the law places the burden of proof on the defendant to show that they are not liable. Thus, within the framework of strict liability, the assumption effectively leans toward the presumption of guilt as it relates directly to liability for damages or injuries caused.