product liability: see liability.

liability, in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty. Liability is not always the result of an intentionally damaging act or of some proven fault like negligence. The affixing of liability may once have been simply a peace-preserving alternative to the practice of an injured party taking vengeance. Further, the law's emphasis has long been that one who is able to pay (who, in modern terms, has "deep pockets") should pay one who has lost something through an action of the payer, even if that action was blameless.

Vicarious liability is the duty of a principal, e.g., an employer, to pay for losses occasioned by the acts of an agent, e.g., an employee. Strict liability, under which those engaging in certain undertakings (e.g., such "ultrahazardous" practices as the industrial use of high explosives) are held responsible for injury without inquiry into fault, has been increasingly imposed by courts and by statute in the 19th and 20th cent. One response has been the growth of the liability insurance industry, offering such coverage as physicians' malpractice insurance. An area that has been the focus of much litigation, legislation, and debate in recent decades is product liability, under which heavy strict liability costs have been imposed on makers of such varied items as foods, drugs, cosmetics, and automobiles.

employers' liability: see workers' compensation.

Condition under which the loss that an owner (shareholder) of a business may incur is limited to the capital invested in the business and does not extend to personal assets. The forerunners of limited-liability companies were limited partnerships, which were common in Europe and the U.S. in the 18th and early 19th centuries. In limited partnerships, one partner is entirely liable for losses and the other partners are liable only for the amounts they invested in the business. After the Joint-Stock Companies Act (1844) in England made incorporation easier, joint-stock companies with limited liability for all members became widespread. The development of the limited-liability company was crucial to the rise of large-scale industry in the late 19th and 20th centuries, since it enabled businesses to mobilize capital from a variety of investors who were unwilling to risk their entire personal fortunes in their investments. Seealso risk.

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Insurance against claims of loss or damage for which a policyholder might have to compensate another party. The policy covers losses resulting from acts or omissions that are legally deemed to be negligent and that result in damage to the person, property, or legitimate interests of others. It was principally the introduction of the automobile that spurred the rapid growth of this form of insurance, which now extends to a great many activities in addition to driving, including malpractice insurance for doctors and other professionals, marine liability for boat owners and operators, and product liability for manufacturers of consumer goods. Seealso casualty insurance, consumer protection.

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