Personal injuries can happen due to various reasons, including dog bites. In fact, in 2001, an estimated 368,245 people received treatment for dog bite-related injuries. In most cases involving claims for damages due to personal injury, the prevailing legal theory is one of negligence. However, some cases impose strict liability.
Before you contact a personal injury lawyer in Long Island to work on your case, here are some things to know regarding strict liability in personal injury cases.
What Is Strict Liability?
Strict liability is the legal principle that holds an offender liable for any damages they cause, regardless of fault or malice. Both criminal and civil law impose strict liability. In civil claims, a classic illustration of this would be when the explosives used on a building site cause harm or damage.
The strict liability standard is often applied in criminal cases, such as those involving statutory rape. This applies even more so when minors are involved. Namely, any conduct with a minor will result in strict liability, regardless of whether the offender had prior knowledge of the minor’s age.
The Concept of Strict Liability in Personal Injury Cases
Plaintiffs in personal injury cases typically bear the burden of proving that defendants were negligent in causing plaintiffs’ injuries and monetary losses. However, in cases of strict liability, this is not the case.
A defendant can be held liable for an injured plaintiff’s damages even if they did not intend to cause those damages under “strict liability law,” which applies in some states. The only proof the plaintiff has to present is that they were hurt and that strict liability applies.
When Does Strict Liability Apply?
Proving liability can be complex in personal injury lawsuits. In certain situations, the party at fault may be held strictly liable, meaning they are responsible even if they have no malicious intent. Strict liability is an extremely rare legal doctrine in civil litigation and only applies in a handful of narrow circumstances. These involve:
Attacks by Dogs and Other Animals
When a domestic dog bites someone unprovoked, the owner is strictly liable under the laws of most states. However, an injured party may be entitled to compensation under the dog bite laws of some states on the sole basis of proof that the defendant’s dog bit them. In some jurisdictions, pet owners are fully responsible for any damages their animals cause if they wander onto private property.
Product Liability Claims
In certain types of product liability lawsuits, strict liability is now the norm, which most states impose. To succeed in a strict liability claim, you must show that the defendant’s product was defective and posed an unreasonable risk of harm to consumers when used as intended.
The product sold with a dangerous defect is the only required proof in these cases. It is unnecessary to show that the defendant was negligent in the product’s design, manufacture, or marketing.
Abnormally Dangerous Activities
You don’t have to prove carelessness or negligence to hold another party responsible for injuries caused by their involvement in manufacturing or transporting explosives or other hazardous materials.
A plaintiff need only prove that the defendant was engaged in an activity that falls under the strict liability statute and that they were injured due to that activity. In such a case, the plaintiff’s claim would be successful.
In a Case Involving Strict Liability, What Evidence Is Required?
In a case based on strict liability, the injured party need only show that they were hurt and that the defendant’s conduct or product was to blame. For example, the primary burden of proof in a product liability case is establishing that the victim was using the item in a reasonably foreseeable manner when injured. Establishing negligence or malicious intent to pursue a strict liability claim unnecessarily.
Types of Damages
Damages in a strict liability case are equivalent to injuries in a negligence case. In this case, you can seek both economic and non-economic damages.
- Economic damages: Restore financial losses sustained by victims of injuries caused by defective products, abnormally dangerous activities, dog bites, and other acts that would otherwise trigger strict liability.
- Non-economic damages: Refers to compensation for intangible losses like pain and suffering. Disfigurement and scarring can result from various causes, including faulty products, hazardous activities, and dog bites.
Strict Liability Cases: What Can You Recover?
Damages for injuries sustained in a severe responsibility case include compensation for:
- Injury to property
- Separation anxiety
- Past and potential income losses
- Injuries, discomfort, or distress
- Present and future medical expenses
- Heartache and mental agony
Punitive damages are money awarded by a court to penalize a defendant for their bad behavior. These damages are unusual since they punish the offender rather than repay the injured party. However, these damages may be granted in cases when the defendant’s behavior was shocking or egregious.
Traditional Rebuttals to Claims of Strict Liability
Strict liability may appear clear-cut, but the defendant may raise several common defenses to avoid paying. The following are some alternative defenses that are frequently used:
- You knowingly and willingly exposed yourself to harm by using a potentially harmful product or being around a dangerous animal.
- The offending party had zero influence over the animal or the final product.
- A criminal act resulted in harm to you.
- You put an item to use that the maker didn’t intend.
Exclusions From Strict Liability
In several cases, even strict liability can’t be claimed in a personal injury case. These include:
- Act of God – It can’t fall under strict liability when the damage is due to a sudden act that can’t be foreseen, like a tsunami or earthquake.
- Plaintiff’s fault – When the plaintiff is responsible for the damage, they can’t blame liability on others.
- Third party’s act – If the damage is caused by a third party that is not the defendant, the plaintiff can’t claim strict liability.
- Actions ordered by the state – If an action was ordered by the state’s authority, then the defendant can’t be held liable.
Aminov Law Group P.C.: Your Trusted Personal Injury Lawyer in Long Island
The aftermath of an accident can leave victims with many unanswered questions. Aminov Law Group P.C. is there to represent the interests of those injured and their families in court. Together, we can ensure the liable party faces the total weight of the law for any harm caused by their negligent animals, substandard goods, or reckless conduct.
Contact us to book an appointment.