What is the doctrine of absolute liability?

The doctrine of absolute liability is a legal concept in water law in New York. It dictates that “all persons, firms or corporations who divert, appropriate or use water from any natural source, regardless of intent or negligence, become absolutely liable for any damages caused by the diversion or use of said water.” In other words, those who use water from a natural source are always liable for any damages caused, regardless of any negligence or intent. This law is meant to protect the rights of those affected by water use and ensure the safe, sustainable management of their resources. Absolute liability does not offer any defenses for those who cause damages to others. If a person, firm, or corporation is found to have caused damages due to their use of water, they cannot use the defense of negligence to avoid liability. Even if a person was unaware that the water usage could cause damage, the doctrine of absolute liability still applies. This is why it is so important for those working with water resources in New York to be aware of the laws surrounding them and to take every precaution to prevent any potential damages.

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What is the doctrine of absolute liability?

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