Most personal injury cases involve the need to prove several key factors. Among the most important is that the person you are suing was negligent or acted intentionally to harm you. However, one specific type of personal injury case skips this element entirely.
This area of personal injury law — known as strict liability — creates a different case than you would build for other injury trials. Here are the three situations in which it occurs and why they are unique.
1. Defective Products
Probably the most common area for strict liability in personal injury is harm from a defective product. Manufacturers and others involved in selling products to customers have an inherent responsibility to provide the public with goods that are safe for the intended use.
Consumers are not expected to research the ins and outs of manufacturing processes, nor do they know the details of materials or ingredients used. They rely on the implicit warranty made by a manufacturer or retailer that their products are safe. This warranty is made by selling to the public.
Therefore, when a product is defective, it doesn't matter whether or not the company knew about the problem or was negligent. Simply selling a defective product makes them liable. They may then hold others in the supply chain liable for their financial loss, if applicable.
2. Dangerous Animals
Does your neighbor own a vicious dog? Perhaps the apartment next door keeps venomous snakes. Dangerous animals — especially wild animals or those not intended for domestication — are an inherent risk to those around them. So if a person keeps such animals in their care, they are responsible for any harm that the animal does to others.
3. Hazardous Activities
The third area of strict liability claims involves extremely dangerous activities. When a person engages in something inherently ultrahazardous, they do not have to be negligent or malicious to be responsible for injuries from it.
For example, a demolition business that works with explosives is liable for property damage or injuries that happen if an explosive detonates unexpectedly or fails to explode in the expected way. They may have handled the explosives correctly and taken standard precautions, but this is a known dangerous activity for which they can still be held liable.
Where Can You Learn More?
Could your personal injury involve a strict liability claim? If so, start by learning more about how these cases differ from others and what makes a successful strict liability case.
Call a personal injury attorney in your state for more info.
