Strict Liability in California
In personal injury cases, there is a plaintiff who brings forward a lawsuit, usually because the opposing party – the defendant – was negligent. The most salient issues in personal injury cases deal with the duty of care, negligence, and liability. Among those issues, is one that this article will briefly discuss: strict liability. What is strict liability and how does it factor into personal injury cases? Read this article for some of the details; however, speak with one of our experienced personal injury lawyers if you have any questions or looking for a consultation.
What is Strict Liability?
Let’s say you have bought a product that then causes you to become injured. A possible way of seeking redress and damages for the injury can be through a lawsuit that proves a party involved with the creation/selling of the product acted in a negligent manner. Said negligence then resulted in your injury. However, strict liability is different – it allows for a plaintiff to bring forth a personal injury claim without having to prove that the defendant was, in fact, negligent.
Making a Strict Liability Claim in a Lawsuit
A civil court will not recognize strict liability in all personal injury cases. If you have any doubts as to whether strict liability applies for your situation, make sure to speak with an experienced attorney. Generally, a court will accept strict liability if the injury stemmed from a defective product, which can be argued against the party who designed, manufactured, or sold the product. Alongside defective products, strict liability can also be applied to an animal that has been known to act or have dangerous tendencies towards people. For example, if a dog has attacked people before and caused an injury, then it is known that said dog has the capacity to endanger a person’s safety. All of these are complex legal issues, which is why a plaintiff seeking to file a lawsuit should hire an experienced lawyer.