服務業無過失責任之規定，乃係我國消費者保護法所獨有之特殊規定，其規範的意義與範圍，以及是否應廣泛的對「服務業」課以無過失責任，乃為一種涉及法律與經濟層面的政策問題。由於各方對此有諸多爭議，故本論文乃以台北地方法院「肩難產」案為中心，探討專業人士（特別是醫療服務業）與消保法無過失責任之關係。為使讀者明瞭國外對無過失責任之規範，本文特別從國外案例（例如專業人士應負責任之爭議）與相關立法著手，並從經濟分析與責任保險等觀點，主張對服務業（尤其是醫療服務業）課以無過失責任時，應特別審慎。

　　　　　In order to provide better protection for local consumers, the Consumer Protection Act (CPA) of the Republic of China enacted one of the most unique liability mechanism, that is, not only product producers, but also service providers, are all held to be strictly liable for their goods & services. The strict liability imposed on the service providers is, therefore, the most controversial question. Such controversy is not only because of its vagueness, but also because of its derivative issues. As a result, this article try to explore various issues related to such question by examining an still birth case in which the Taipei District Court held the doctor is liable pursuant to CPA. To help readers understand the complexity of this issue, the author discussed various cases related to professionals, such as doctors, lawyers, accountants, and strict liability mechanism in other countries. Moreover, the author also analyzed the legislative intend and the context of those relevant articles in order to present the real difficulties in applying such liability mechanism. The author concluded that the court should consider various factors before applying the strict liability to service industry. Taiwan should follow international trend and not overly expand the strict liability mechanism to include all relevant sectors.