Strict Liability
Strict liability, also known as absolute liability, is the legal doctrine that assigns responsibility for damages or injuries even if the person or company that was responsible for the damage or injury was not at fault or negligent.
Generally, most liability cases are based upon showing that a person was negligent or showed disregard for an individual’s safety or rights. However, there are other cases where an individual or company can be held responsible for injuries and damages even though they were not negligent or demonstrating disregard. Even if the individual or company exercised caution and operated with the best of intentions, they can still be held responsible for a strict liability claim.
The most common strict liability cases are a result of injuries caused by dangerous/defective products, dangerous pets, and ultra-hazardous activities.
Dangerous and defective product claims result from the defective design or manufacture of consumer products. It is not necessary to show that a manufacturer is negligent. It is only necessary to show that the product was unreasonably dangerous and the cause of injury.
Strict liability claims for dangerous pets most often involve dog bites. The owner of a dog is liable for any injuries caused if his dog bites anyone. The fact that someone owns a dog that bites someone is enough to hold them responsible. Even if all the necessary precautions were taken, no dog laws were violated, the owner had no idea that their dog was dangerous, and they were not negligent in any manner, they would still be liable for the dog bite. The simple fact of ownership of the dog is the premise of the strict liability rule.
Ultra-hazardous activities can lead to strict liability cases as well. These are the types of activities that are so abnormal that there can be no ordinary care that can be taken to eliminate the potential risk of harm. Activities such as oil drilling and demolition can be highly unpredictable and might lead to damages, injuries, or other harm that were not caused due to neglect or carelessness.
The Sweeney Law Firm can help determine what type of personal injury case you may have. It is important to consult with an experienced personal injury firm like the Sweeney Law Firm to learn your legal rights and options.
The Sweeney Law Firm offers free consultations. You will never pay any attorney fees or case expenses unless we obtain a financial recovery in your legal case.