What Is a Strict Liability Tort?
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What Is a Personal Injury Claim?
When a person seeks money from a defendant to recover damages for an injury, they file a personal injury claim. A personal injury claim can be for an intentional tort, negligence, or strict liability.
What Is Strict Liability?
Strict liability is the type of tort where a defendant is legally responsible for injuries or damages suffered by the plaintiff. Under strict liability, a plaintiff can sue for a defective product or the defendant’s actions. It does not require a plaintiff to prove their injury was the defendant’s fault. The assumption is that if the defendant had conformed to the applicable law or had put forth a properly designed and made product, the plaintiff would not have been injured.
Are There Different Categories of Strict Liability?
Yes. This tort has three subsections:
- Wild Animals: A defendant is strictly liable for any harm or damage caused by a wild animal kept in his possession. The harm suffered by the plaintiff does not have to be directly caused by the recklessness or intent of the defendant.
- Abnormally Dangerous Activities: A defendant is responsible for the harm or damage of activities:
- Involving serious risk of harm to property or individuals
- Not commonly conducted or used
- Cannot be eliminated by using utmost care
- Defective Product: The defendant is liable for any unsafe products that are defective in their:
- Marketing, or
What Must the Plaintiff Prove to Win?
For a plaintiff to be successful in their lawsuit, they must show:
- The defendant’s actions were inherently dangerous and unreasonable under the circumstance,
- Something bad happened to the plaintiff because of the defendant’s inherently dangerous actions, and
- The plaintiff actually suffered harm because the inherently dangerous act.
Harm is needed to prove strict liability. Without an actual injury, the plaintiff may not file a claim under this tort.
When Is a Manufacturer Not Liable for Its Product?
If there is no way to make a product safer and the plaintiff is told about the danger, the manufacturer may be exempt from liability.
Do I Need a Lawyer Regarding a Strict Liability Claim?
Talking to a personal injury lawyer about a potential strict liability claim is extremely important when you have been harmed. A lawyer will advise you of your rights, file a claim on your behalf, and negotiate a settlement.
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Last Modified: 07-17-2015 09:51 PM PDT
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