Most of the personal injury lawsuits are based on the premise of negligent behavior of a person that results in an injury to another person. But, this is not the sole basis for which a personal injury lawsuit can be filed. A person can also file a personal injury case on the premise of strict liability.
So, what is meant by strict liability? How does it connect with a personal injury case? You will know the answers to these questions in this article.
What is Meant by Strict Liability?
A plaintiff who files a personal liability lawsuit based on strict liability does not have to prove to the court that the injury was caused by the willful or unintentional negligence of a person. In the US legal context, strict liability means that a person can be responsible for an injury even when it was not directly due to his or her actions.
Two common cases when a strict liability case arises include injuries caused due to animal bites and injuries caused due to defective products.
Injuries Caused by Dog & Pet Bites
Pet owners are strictly liable for attacks and bites by their pets. Whether the person owns a dog or a snake as a pet, he or she will be held strictly liable in case:
- Injuries were caused by the bite or attack of the pet
- The injured person did not provoke the pet
- The injured person was in a private place or public space
Even if the pet owner was not at the place where the attack occurred, he or she will be strictly liable for the injuries caused by a dog bite. The victim can sue the pet owner to receive compensation for the injuries. The strict liability applies whether the owner knew the pet to be aggressive or dangerous.
In most states in the US including California, the strict liability clause applies even if the pet had attacked or bitten a person for the first time. However, there are some states such as Alaska, Arkansas, Idaho, Kansas, New York and others that allow pet owners to get away in case the attack happened for the first time.
Injuries Caused due to Defective Product
Injuries that are caused due to a defective product can also give rise to a personal injury case under the strict liability basis. The manufacturer will be held liable for the injuries caused due to the use or consumption of a defective product. The defect can be a flaw in the design, a manufacturing fault, or improper labeling of the product.
If you want to know more about the cases where strict liability applies, contact Milligan, Beswick, Levine & Knox, LLP in Redlands, CA. We have a team of highly experienced personal injury attorneys who can provide expert legal advice and counsel regarding a personal injury case. Contact us today to schedule a free initial consultation.