What is strict liability in a personal injury claim?
Strict liability is a legal doctrine that makes a person or company responsible for the damages or injuries caused by their actions or product, regardless of intent or fault in the case.
This means that in a strict liability case, a victim does not need to prove that they were negligent or careless in their actions.
Many states share fault in personal injury claims and will award settlements based on the shared fault of both parties. Strict liability personal injury claims are radically different because even if the victim was careless, he or she will not be at fault whatsoever for the incident.
Strict liability is commonly seen in defective product claims. If a manufacturer made a product that was unsafe to use, consumers will not be at fault for any personal injury claims. This why you often see extreme warnings on even the safest of products: it protects the manufacturer from a strict liability personal injury claim.
Another strict liability example would be a dog bite case. If the owner had a very nice dog that never so much as barked at a person, he or she may not be liable for any injuries if the dog were to nip at a passerby.
But if the owner had a dog that was well known for being aggressive and still did not prevent any incidents from occurring, the dog owner would have strict liability for any injuries caused from the aggressive dog biting a person.
Filing a personal injury claim, especially one that involves strict liability, can be challenging. You should consider contacting a qualified personal injury attorney in your area today to discuss your claim and see if you have a strong case.