What Is Strict Liability Law?

Negligence, or careless and reckless behavior that breaches a duty of care, causes many accidents that result in injury. A duty of care is a legal obligation that applies in certain circumstances. It requires people to avoid causing foreseeable harm to others or their property. For example, motor vehicle drivers owe a duty of care to others on the road to drive safely and obey traffic laws. Retail store owners owe a duty of care to their customers to regularly inspect their property and to find and promptly repair hazards that could cause injuries.

However, certain activities are so dangerous that the individual responsible for the activity will be liable for any injuries caused by it even if the person had no intent to harm anyone. These cases fall under strict liability law. If you were injured in an accident where the at-fault party is strictly liable, speaking with a legal team can help you understand the process of seeking compensation and can provide services to assist with your claim.

About Strict Liability Law

Strict liability law is a concept used in criminal cases and civil tort claims. A tort claim is a civil claim where the plaintiff seeks compensation for a wrong or loss, such as a personal injury lawsuit. Under strict liability law, if an individual commits an act that caused injury, you can hold them liable for it regardless of their intent for committing the act.

In a strict liability claim, a judge or jury does not have to consider whether the defendant could have done anything to prevent the accident or injury from occurring or whether they acted purposefully. Instead, the court merely has to determine whether someone got hurt because of something another party did.

What Is the Purpose of Strict Liability?

Strict liability only applies to a few specific types of cases, such as those involving animals, abnormally dangerous activities, and product liability. These cases do not turn on the liable party’s intent; instead, they are based on the liable party’s actions.

The purpose of strict liability law is to encourage individuals and entities involved in dangerous activities to practice a high level of safety to prevent injury to others. Additionally, strict liability law provides an avenue for victims of these activities to seek compensation without building a case showing any specific intent on the defendant’s part.

Claims Involved in Strict Liability Cases

As noted, three main types of personal injury claims involve strict liability. Here is a look at each:

Animal Cases

Generally, states distinguish between wild animals and domesticated ones. If a person keeps a wild animal and that animal causes injury to someone else regardless of how the injury occurred the animal’s keeper can be held strictly liable for the expenses and impacts of those injuries. Many states, including Florida, also have limited strict liability where domesticated dogs and dog bites are concerned. These laws generally hold that the dog owner is liable for bites except in situations of trespass or other limited conditions.

You should note that dog owners are not strictly liable for dog bites in all states. A handful of states follow what is commonly known as the “one-bite rule” regarding dog bites. This rule states that a dog owner can only be liable for injuries to others caused by their dog if they had reason to know the dog was capable of being vicious. The one-bite rule means that dogs in these states can bite one time before their owners have to face the consequences for their dog’s behavior.

Courts hold people strictly liable for injuries caused by wild animals they keep because wild animals are naturally dangerous, regardless of how well-trained or domesticated they appear to be. Wild animals kept as pets can bite, scratch, or attack the owner, children, neighbors, or household guests. Additionally, wild animals can carry diseases that can be dangerous to humans, including rabies, distemper, herpes viruses, and more.

An example of a wild animal case where the owner would be strictly liable for compensating others would be an attack at a tiger rehabilitation facility. If a tiger breaks free from its cage and injures or kills someone, the owner will be strictly liable for injuries it causes. This is true even if the facility’s owner takes reasonable precautions by placing the tigers in secure cages and having strict rules for handling the animals. The owner will likely be held strictly liable because tigers pose an inherent danger to others, and keeping tigers is an inherently dangerous activity.

Abnormally Dangerous Activities

Another source of strict liability is participating in abnormally dangerous activities. In tort law, abnormally dangerous activities are activities that are not of common usage and create a foreseeable and highly significant risk of physical harm, even when reasonable actions are partaken by all actors involved.

Activities carry a highly significant risk of harm if:

• The likelihood of physical harm is unusually high, even if the severity of that harm is ordinary.
• The probability of physical harm is relatively low, but the severity of the potential harm is significantly high.

Examples of abnormally dangerous activities that can result in strict liability include:

• Disposing of hazardous chemical wastes
• Blasting or explosive demolition activities
• Production or containment of radioactive emissions
• Using or transporting highly combustible or acidic materials

Product Liability Cases

Another common type of strict liability case involves product liability. Manufacturers, distributors, and retailers are all responsible for ensuring that the products they produce and sell to consumers are reasonably safe when used according to labeled instructions. Again, these cases feature strict liability that does not require the injured party to prove that there was any recklessness, carelessness, or intention on the part of the manufacturing chain, simply that the product was unreasonably dangerous.

Three types of product defects can give rise to a product liability claim, including:

• Design defects: This generally affects an entire product line because of an issue in the engineered design of the product before manufacturing ever takes place. For example, if a safety guard on a tool is improperly designed and cannot perform its safety function, this is a design defect.
• Manufacturing defects: This type of product defect usually affects a particular batch or a limited number of product batches due to a manufacturing issue. Food recalls, for example, often occur because a manufacturing issue taints batches of food with bacteria, or glass, metal, or other particles fall into it.
• Packaging defects: Most products include a packaging label or instruction manual that explains how to safely and correctly use the product. The packaging label also contains warnings about known risks with the product. One common product liability complaint is failure to warn, which occurs when the manufacturer fails to note known risks on the label that could injure the consumer.

The evidence that is required to prove a product liability claim includes:

• Proof that the claimant suffered injury or harm after using or consuming a product.
• Proof that the product was defective when the consumer purchased it.
• Proof that there is an established pattern of the defendant distributing or selling the product.
• Proof that the product’s condition rendered it unsafe to sell to consumers.
• Proof that the product’s defective condition was directly linked to the consumer’s injuries.
• Evidence that the product was not substantially altered from when the defendant sold it until the injury occurred.

What Must You Prove in Strict Liability Cases?

As you can see from the list of example evidence for a products liability claim, strict liability cases require a lot of evidence to prove just a few elements. In strict liability claims, a claimant must show that an injury occurred due to the defendant’s activity.

The elements you must prove in strict liability claims are as follows:

• An injury occurred.
• The defendant’s actions or product were the cause of that injury.
• The defendant’s actions were unreasonably dangerous, or the defendant had control of a hazardous product.

The Benefits of Strict Liability Laws

While strict liability claims are far from simple in most cases, there are some benefits to this form of liability for all sides.

Strict liability helps by:

• Causing manufacturers and business owners to maximize safety precautions to avoid the high cost of a lawsuit, the loss of reputation, or even the inability to continue producing or selling their products.
• Reducing litigation costs by encouraging the settlement of claims. In strict liability claims, both sides have a good idea of how the judge will assess the claim in court.

What is Strict Liability Insurance?

Strict liability insurance protects individuals and businesses from claims for injuries or damages resulting from their activities, regardless of whether they were negligent.  Having strict liability insurance ensures that you are financially protected against such claims.

How an Attorney Can Assist You With Your Strict Liability Claim

In strict liability claims, you do not need to show that the defendant’s actions led to the accident that caused your injury. However, do not misunderstand: these claims are not always straightforward. The key to proving your claim is to demonstrate the connection between your injury and the defendant’s activities or product.

Doing this requires experience and knowledge of the laws regarding strict liability that are far more in-depth than what we have discussed here. Someone who is not experienced in legal matters might not know all of the relevant laws or how they impact the case.

When necessary, an experienced personal injury attorney can provide many crucial services to assist you with your claim, including:

• Determining what type of claim you should bring, whether strict liability or negligence.
• Finding liable parties and their associated insurance policies to claim compensation.
• Establishing an estimated value to your claim based on available insurance resources, the severity of your injury, and the past, current, and future expenses and psychological impacts you have incurred or are likely to face.
• Obtaining evidence and witness testimony that establishes your injury and its connection to the defendant’s activity or product.
• Engaging in settlement negotiations with the at-fault party to garner an agreement that fairly resolves your claim.
• Litigation services, including the use of expert witnesses to provide information that helps prove your claim.
• Assisting you in collecting your negotiated settlement or court award.
• Continuing representation, if the defendant in your claim files an appeal.

Injured by an Animal, Dangerous Activity, or Product Defect? Contact a Lawyer

A legal team will understand the amount of investigative work required to prove a strict liability claim. A legal team can also assist you in gathering evidence and presenting your claim. The team will help you obtain any compensation that you are entitled to receive.

An attorney has a deep understanding of the common defenses that at-fault parties and their insurers use to avoid claims. The other parties might try to prove that you knew about the risk of the activity or product and voluntarily assumed the risk of participating. They may also try to show that you were to blame because you should have known that the risk of the product or activity existed. We know how to counter these arguments on behalf of our clients and take the measures needed to overcome them.

Explore your legal options by calling a personal injury lawyer near you today.