Most personal injury claims are based on negligence, which requires proving that someone acted carelessly and caused you harm. However, certain cases impose strict liability, meaning someone can be held liable for injuries regardless of whether they acted carelessly or intentionally.
If strict liability applies, you don’t need to prove negligence—just that the defendant’s actions caused your injuries. This article provides an overview of strict liability, including when it applies, how it differs from negligence, and how an attorney can help you seek compensation.
What Is Strict Liability?
Strict liability is a legal concept that holds a person or company responsible for harm even if they didn’t act negligently or recklessly. The main idea is that certain activities are so potentially hazardous or regulated that the person doing them must face liability for any injuries they cause, regardless of how cautious they might have been.
If strict liability covers your case, you must still show that the defendant’s actions (or product) directly led to your injuries. Unlike negligence claims, you don’t have to prove the defendant failed to use reasonable care.
Key Differences From Negligence
Negligence focuses on whether someone breached a duty of care, such as speeding in a car or not fixing a broken stair. Another word for it is essentially “carelessness.” Strict liability, on the other hand, removes the requirement to show this breach. Instead, it’s enough to demonstrate:
- The defendant engaged in a certain activity or made a product.
- Your injury resulted from that activity or product defect.
- You suffered real damages, such as medical expenses or pain and suffering.
Because you don’t need to prove the defendant acted irresponsibly, these cases can streamline certain parts of a lawsuit. However, you still must establish a cause-and-effect link between what the defendant did and how you were hurt. An experienced attorney can guide you through the legal process and work to secure maximum compensation on your behalf.
When Does Strict Liability Apply?
Not all personal injury cases involve strict liability. Common examples include:
- Abnormally Dangerous Activities: Some actions, like using explosives or handling toxic chemicals, are considered inherently risky. Even if the defendant took all reasonable precautions, they can still be held liable if someone is injured.
- Dangerous Animals: Owners of certain exotic or vicious animals may be strictly liable if their pet injures someone, regardless of whether the owner knew the pet could bite or attack.
- Defective Products: In product liability law, manufacturers can be strictly liable if their product is defective and caused harm to a consumer.
The specific rules can vary depending on the facts and circumstances of your case, such as the exact location where the incident occurred.
How To Prove a Strict Liability Claim
Although you don’t have to show carelessness, you still must meet other requirements to win a strict liability claim. You’ll generally need to bring evidence:
- Demonstrating Involvement: The defendant was engaged in an activity or produced a product that triggers strict liability.
- Linking the Defendant’s Action/Product to Your Injury: You need evidence (medical records, expert reports) tying your harm to the dangerous act or defective product.
- Establishing Damages: You must prove the financial, physical, or emotional losses you sustained due to your injury, like hospital bills, therapy, or lost income.
You may need to rely on expert witnesses to strengthen your case. The key is proving the defendant’s activity or product, even if handled carefully, caused the harm. If you can do that, you’ll be well on your way to a successful outcome.
What Damages Can I Recover in a Strict Liability Lawsuit?
If you succeed in a strict liability suit, you can usually pursue compensatory damages, which include:
- Economic damages, such as medical bills, lost wages, property damage, and ongoing care costs
- Non-economic damages, like pain and suffering, emotional distress, and reduced quality of life
In some rare cases, courts may award punitive damages if the defendant’s behavior was extremely reckless or intentional. However, punitive damages are not typical for simple strict liability claims unless there’s egregious misconduct involved.
Contact a North Carolina Personal Injury Lawyer for a Free Consultation Today
If you think strict liability might apply to your case, speaking with a lawyer in North Carolina is a smart first step. An experienced attorney can explain your legal rights, gather the evidence you need, and negotiate with insurance companies on your behalf.
Don’t wait to learn more about your options for seeking compensation. Contact Elrod Pope Accident & Injury Attorneys for a free consultation today.
