Were you recently injured in an accident? Was the accident not your fault? Personal injuries are common in towns and cities. Some accidents, such as car crashes, usually involve negligence on the part of a driver that can lead to compensation in a claim.
Other accidents, however, may involve the strict liability legal theory. Below, learn about strict liability law and how you may receive compensation in an accident claim based on strict liability.
Strict liability is a legal doctrine that states that a party may be liable for injuries or damages caused by an action or product, regardless of them being negligent or intending to harm you. Strict liability law holds that intent or the injury victim does not need to prove fault to receive compensation for medical bills, lost earnings, pain and suffering, and other damages.
Table of Contents
- What is Strict Liability Theory?
- What Does Strict Liability Mean For Your Claim?
- How Does A Strict Liability Claim Work In Product Liability?
- Compensation Types In A Strict Liability Claim
- What Affects Your Personal Injury Compensation?
- How Long Can A Strict Liability Claim Be Settled?
- Remember The Statute Of Limitations
- Speak To A Personal Injury Attorney Today
What is Strict Liability Theory?
In some states, such as Georgia, for example, strict liability theory usually applies in these cases:
Product Liability Claims
Sellers and manufacturers of consumer products may be strictly liable for your damages if their defective product caused your injuries and resulting losses. For strict liability to lead to compensation in a defective product case:
- The product had to be defective when it left the control of the manufacturer or seller.
- The defect must have made the item unreasonably dangerous.
- The defect must have caused your injuries and damages.
Design, manufacturing, and marketing defects are examples of product defects that may qualify for compensation under the strict liability legal doctrine.
Design defects make a product inherently dangerous. Manufacturing defects mean that a flaw occurs during the production of the product. Marketing defects involve inadequate or a lack of warnings or instructions for the product.
In a strict liability claim, you don’t need to prove that the product manufacturer was negligent. Your product liability attorney must only show that the product had a defect and harmed you.
There were 43,500 product liability claims in the US in one single year. Common types of product liability claims involve the following products:
- Toys for babies and children
- Brakes and tires
- Textiles
- Hazardous chemicals
- Prescription drugs
- Medical devices
- Electrical devices
- Power tools and lawn equipment
If your product liability attorney argues strict liability, they only need to show that the product had a defect and that it injured you. This is easier to prove than negligence in most cases.
Dog Bite And Animal Attack Claims
In some states, dog bite and animal attack claims may qualify for compensation under the strict liability theory. The dog owner may be liable for your injuries if they knew that the dog was vicious or dangerous, the owner was careless in managing their dog, and the failure to restrain the dog as required by local law caused your injury.
However, a strict liability claim for a dog bite usually means that your personal injury attorney must show that the dog owner knew about the animal’s aggressive behavior. People sometimes refer to this as the one-bite rule. You should have a personal injury attorney handle your animal attack or dog bite claim because proving that the owner was aware of the animal’s aggressive tendencies is challenging.
Extremely Hazardous Activities
Strict liability also may apply for a highly hazardous activity, where the company or parties know that their products or actions can lead to strict liability claims if something is amiss. For example, a bungee jumping company can be strictly liable if you suffered an injury during the activity.
What Does Strict Liability Mean For Your Claim?
Strict liability matters, particularly in some personal injury claims, because proving negligence isn’t unnecessary. For example, in a car accident where you suffered an injury, you usually have to prove another party was negligent to receive compensation. This means you must show the other party had a duty of care, violated it, and the violation led to your injuries and financial losses. A skilled personal injury lawyer can prove this but requires extensive evidence.
You may not have to prove negligence in a strict liability case, such as a product defect. You only have to show that you suffered the injury from the product and used it as intended. When strict liability applies to your case:
- The claim and receiving compensation may be easier to prove.
- You must prove that you suffered an injury and the defective product caused it.
- In a product liability case, you may have to contend with allegations that you didn’t use the product correctly. In a dog bite case, the other side’s attorney may argue that you provoked the dog.
Your personal injury attorney will quickly learn whether negligence, strict liability, or another legal theory applies to your claim. Then, they will file the claim against the liable party’s insurance company and seek appropriate damages. They will negotiate a settlement to get money in your pocket without filing a lawsuit. However, filing a lawsuit and going to trial is sometimes necessary.
How Does A Strict Liability Claim Work In Product Liability?
We give the following example because product liability claims are most common where strict liability is involved. This is generally how a product liability claim will proceed:
- The product in question injured you, such as a vehicle tire defect.
- The product was unreasonably dangerous when designed, manufactured, or marketed.
- The product reached you with it being changed or modified.
- The product harmed you or your property, such as by deflating because of a defect in the tire.
- The driver used the tire correctly, but it still malfunctioned.
- The product defect injured you and caused damages.
The first step in a strict liability claim with product liability or another type of claim is to speak to a personal injury attorney immediately. Strict liability claims are challenging to prove, and only an experienced personal injury attorney should handle your case.
Compensation Types In A Strict Liability Claim
In your personal injury claim, the compensation you are entitled to depends on the type and severity of the injuries. Compensation in these cases is usually of these types:
Economic Or Special Damages
These damages are for your quantifiable financial losses caused by injuries and related losses. They include:
- Medical expenses: include past, present, and future medical costs. You may be entitled to payment for hospitalization, surgeries, medications, and rehabilitation. Your personal injury attorney and your medical team must estimate future medical expenses.
- Lost earnings: are your lost income because you cannot work during the recovery.
- Lost earning capacity: may occur if you have a permanent or long-term injury. For example, suffering severe burns from a defective product may lead to a permanent disability and cannot work in your previous capacity.
- Property damage: If the accident damaged your vehicle or home, you can receive payment for repairs or replacement.
Non-Economic Or Special Damages
These damages are for your non-quantifiable losses and emotional distress:
- Pain and suffering: You should receive payment for the physical discomfort caused by the injuries and resulting treatments. For example, a deep dog bite on your arm can cause terrible pain because it damages underlying tissues and nerves. The settlement should cover the ongoing pain related to the injury and treatments.
- Emotional distress: Your injury and resulting disability can cause mental and emotional strain, anxiety, depression, or PTSD.
- Loss of consortium: You may receive compensation for your injury if you suffer a loss of support, companionship, or intimacy because of your injuries.
What Affects Your Personal Injury Compensation?
Suppose you suffered a product defect injury in your vehicle. Your car’s brakes were defective, and you rear-ended another vehicle, broke your arm, and suffered a serious concussion. The vehicle manufacturer is strictly liable for your injuries, but how much can you get in a settlement?
Estimating compensation in a personal injury claim is difficult without knowing the case details. However, your personal injury attorney may estimate your claim value based on these variables:
- Injury severity: A severe injury, such as a head injury, is generally worth more than a broken arm or leg. The broken bone is a serious injury, but the head injury is worth more because the damage can be long-term or permanent.
- Lost income: People with severe injuries may incur long-term or permanent lost income and lost earning capacity. This claim may be worth more than losing a month or two of income because of injury recovery.
- Medical bills: The higher the medical bills, the more the claim is worth. For example, a head injury can result in six or seven figures of current and future medical bills, making the claim worth more.
- Impact on daily life: Does the injury affect your ability to live or work permanently? The case value will be higher.
- Insurance available: A severe injury can leave you with six damage figures. However, obtaining full compensation may take time and effort if the applicable insurance policy only covers $50,000. Your personal injury attorney will work tirelessly to maximize your compensation from any available insurance policy or other sources.
Talk to a personal injury lawyer in your area to find out what your claim may be worth. Your attorney will communicate with your doctors and other medical professionals to understand the value of your claim based on your damages.
How Long Can A Strict Liability Claim Be Settled?
Many factors determine how long it takes to settle a strict liability claim:
- The severity of your injuries: A claim involving severe injuries, such as a spinal cord injury or severe burns, may take longer to settle. The insurance company may fight the claim if it involves much damage.
- Obtaining medical records: Someone with a severe injury can have medical records and other documents with many medical professionals and facilities. Obtaining all of these records may take longer than you like. However, your personal injury lawyer’s staff is accustomed to promptly following up with medical offices and obtaining such documents.
- Case complexity: A more complex claim, such as a product liability claim involving drugs or medical devices, may take longer to settle.
- Willingness of the insurance company: Some insurance companies are more willing to negotiate a settlement than others. Your attorney will deal with the insurance company as long as needed to get a fair settlement.
- Fault: The insurance company might argue you were partially at fault. For example, in a dog bite claim, the attorney can argue that you provoked the dog and caused the attack. This can make the case take longer to settle.
- Strength of evidence: In your case, there should be strong evidence that the defendant is strictly liable. If not, the claim will take longer to resolve.
The length of the case also will depend on whether you settle or go to trial. A settlement is usually best to resolve the strict liability claim faster. Going to court can extend the case by months or years. Product liability lawsuits can take several years to play out. Whether you want to wait that long for a resolution or compensation is up to you. There also is a risk that you’ll lose in court.
Remember The Statute Of Limitations
If you think you have a strict liability claim, it’s important to remember that each state’s statute of limitations is different. For example, Georgia law says you have two years from the date of the injury to file a personal injury lawsuit against the liable party. Ensure you contact a skilled personal injury attorney well before the statute of limitations expires.
Speak To A Personal Injury Attorney Today
A strict liability claim after an accident is a complex legal situation. You should always contact a skilled personal injury attorney to hold the liable party accountable. Most personal injury attorneys work on a contingency basis, which means they base their payment on your settlement or jury award. You don’t pay out-of-pocket legal expenses, and you don’t pay if you don’t win your case.
Do not delay talking to a skilled personal injury attorney, it is your first step to financial and physical recovery.