Hastings Business Law Journal


Zachary Young


This article criticizes strict liability when used in disciplinary actions by regulatory agencies. The article examines the strict liability theory from the perspective of the automotive smog check industry, where the law is relatively new, to set forth principles that should be applied to a number of industries. The article also discusses the background of the smog check industry and its governing law and critiques the current state of the law by discussing the burdensome effect it places on business owners including smog station owners. The article proposes a bright line rule to limit strict liability and more effectively pursue public interests.