Strict Liability In A Personal Injury Case
When people are injured in accidents or through the intentional actions of others, they can often receive compensation for their injuries if they can prove fault on the part of another person or business. However, there are some personal injury cases where there is no requirement to prove fault in order for the injured person to receive compensation. These cases are based on strict liability.
Strict liability is often applied in the context of product liability cases, where manufacturers can be found liable to a consumer for a defective product, whether or not the manufacturer was negligent in its manufacturer of the product. This is different from a negligence case where the injured person has to prove that the person causing the injury owed him a duty of care, and that the person’s breach of this duty led to the injured person’s injuries.
While strict liability certainly makes recovery easier than in a negligence case, it is not always guaranteed to result in compensation. If a person’s injuries were caused by his misuse of a product despite instructions and clearly labeled warnings, then the manufacturer can use this as a defense. However, generally speaking, as long as the injured person can show that the product was defective when it left the manufacturer, the defect in the product caused his injuries, and that he sustained damages as a result of the defect, he or she should be able to recover damages under a strict liability theory.
Strict liability can also apply in cases involving certain pets, which are considered to be dangerous animals. For example, dog owners are held strictly liable when their dogs attack people in Florida, regardless of whether or not the owner knew the dog had a tendency to bite people. In addition to dogs, pet owners of exotic or wild animals such as tigers or gorillas, especially in residential neighborhoods, would also be strictly liable for the injuries to others caused by their pets.
Strict liability looks to place the cost of an injury with the party who could most likely have controlled the risk of injury, the manufacturer who can ensure a safe product and the dog owner who can ensure that his dog is on a leash when in public. Note that for strict liability cases, the distributor, and others in the chain of commerce from the manufacturer to the consumer who ultimately gets injured, can be sued for the injuries. Even if the manufacturer is in a foreign country, the plaintiff can sue the local distributor without having to include the manufacturer. This leads to the plaintiff being ensured compensation as long as he can show the elements mentioned above.
Contact Us For Legal Assistance
If you or a loved one has been injured, you should consult with a personal injury attorney in order to decide how to proceed in seeking compensation for your injuries. In some cases, settlement may be possible without going through a trial. Contact the experienced Jacksonville, Florida and Brunswick, Georgia personal injury attorneys at Gillette Law, P.A. for professional assistance with your case.