THIRD-PARTY'S FAULT AS AN EXCLUSION FROM STRICT LIABILITY

This article is dedicated to analysis of general regulation of strict liability model in context of circumstances excluding third party's liability. Besides the most common exceptions for imposition of strict liability, i.e. intent or gross negligence of the very victim and force majeure, the article also discusses another exception that can be found more often in legislation of different countries - a culpable conduct of third party. The exception noted in the article is analysed in the context of possession of an object of increased risk, seeking an answer to a question whether and in what cases a possessor of a source of increased risk is not liable for damage caused, where the source of increased risk is involved.