What Is Strict Liability in Personal Injury?

Liability is the legal term for responsibility. Liability in personal injury cases is most commonly based on negligence, which requires proving that the at-fault party failed to exercise reasonable care and caused an injury because of their actions. Strict liability is a form of legal responsibility that holds the other party responsible regardless of fault.

A strict liability injury is generally an injury sustained in a situation where the harm was caused by an unusually dangerous activity. Since the activity causing the harm was considered to be so dangerous, the injured party is only required to prove that the other party caused the harm.

If you have been injured and believe your injury was caused by a strict liability situation, you should consult with an experienced attorney. The personal injury process can be intimidating and frustrating, especially without an attorney, and you may be experiencing pain and the financial burden of medical bills and lost wages. A personal injury lawyer with experience in strict liability claims can speak with you to discuss whether you are entitled to compensation and can guide you through the legal process. Call us today to discuss your case.

What Is a Strict Liability Personal Injury?

A strict liability claim occurs only in specific situations that are so inherently dangerous that the injured party doesn’t need to prove that the other party breached their duty of care. The action is considered to be so dangerous that it is clear that a duty was breached without proof or other evidence. Some examples of strict liability personal injury claims are:

• Injury related to wild animals. An example is a dog bite if the dog was known to be dangerous, or any injury by a wild, undomesticated animal. In these situations, the owner of the animal will most likely be strictly liable for injuries caused by the animal.
• Injury related to abnormally dangerous activities. An example of an abnormally dangerous activity that might give rise to strict liability is working with explosives or storing toxic chemicals.
• Injury related to dangerously defective products. Products liability is the branch of the law that holds manufacturers of products strictly liable if there was a defect in the product that caused the injury.

What Kinds of Injuries Related to Animals Are Strict Liability?

When it comes to strict liability for animals, there is generally a different standard for domesticated animals than for wild animals. For domesticated animals, like pets or farm animals, a normal negligence standard applies in about half of U.S. states. This negligence in dog bite situations is often called the “one-bite rule.” This rule assumes that owners do not know of their dog’s tendency toward violence until it has bitten someone. After the owner is on alert to the dog’s likelihood of biting, the owner is liable for injuries caused by the dog. The other half of states use a strict liability standard for dog bites.

However, for wild animals, strict liability is always applied. This means that if someone owns a wild animal, like a zoo or an exotic pet owner, and someone is injured by that animal, it does not matter why or how the incident occurred. This even includes liability for indirect harm suffered while fleeing from the wild animal. The owner is strictly liable and safety precautions are irrelevant. The theory behind this rule is that animal owners should be accountable for any injury their animal causes. If you have been injured by a wild animal, you should consult with an experienced attorney.

What Other Activities Fall Under Strict Liability?

Strict liability applies to abnormally dangerous activities. Legally, this phrase means any activity that creates a foreseeable risk of harm even when performed carefully. The activity must also be uncommon in the community where it occurs. Put more simply, an abnormally dangerous activity usually falls into one of three categories:

• Explosives.
• Highly toxic chemicals.
• Radiation or nuclear energy.

If you’ve been injured by any of these types of dangerous activities, you should seek advice from an attorney.

What Is Strict Liability with Defective Products?

Strict liability most often shows up in the field of products liability. In a product liability claim, a seller, distributor, or manufacturer of a product is liable for injuries caused by the product, and it does not matter what steps they took to make sure the product was safe. In these claims, the product itself is dangerous.

Anyone who was injured by a product can sue to recover damages, not just the person who purchased the product. Liability can also be assigned to anyone along the chain of distribution for the product. The at-fault party could be the manufacturer or a manufacturer of a certain part of the product, whoever was responsible for assembling the product, whoever installed the product, the wholesaler of the product, or even the store that sold the product.

Different types of product defects can lead to a product liability claim. In Washington, DC, defective products fall into one of the following categories:

• Design defect. Sometimes the design of the product itself is a danger to users. Manufacturers can be liable for design defects if they knew, before manufacturing the product, that that design was dangerous but they did not change the design defect. A common example would be a problem with motor vehicle design.
• Manufacturing defect. Defects that unintentionally happen in the manufacturing process and change the product from its original design are manufacturing defects. These types of defects can occur when using poor quality materials in production or from a lack of other quality control. This often happens in food packaging, where low health standards can contaminate the food and cause health problems or unintentional poisoning.
• Labeling defect. The final type of product liability happens when using a product in a manner that it was not intended for. Products like this must have clear instructions for the consumer on usage and warning labels to alert users to potential hazards. If these labels aren’t attached, the user could be seriously injured. The most common field where this is seen is in medication and pharmaceutical drugs. If drugs could cause side effects or have a negative reaction with another medication, there must be a warning label explaining this hazard.

Call Regan Zambri Long to Discuss Your Personal Injury Claim

If you have been injured by a defective product or some other inherently dangerous action, you may have the right to recover for your injury. If you are considering a personal injury claim, you should consult with an experienced attorney. Strict liability injuries are often severe or even fatal due to the element of danger required of a strict liability claim. The law in this area is complex and may vary depending on the state, so finding an experienced lawyer is important.

The attorneys at Regan Zambri Long, PLLC have been recognized nationally for personal injury litigation and have experience with strict liability and products liability claims in DC, Maryland and Virginia. Our lawyers have the knowledge and expertise needed to handle your claim. A lawyer from Regan Zambri Long, PLLC will discuss your claim with you and guide you through the litigation process.

Call today to schedule a free consultation or use the contact form below.