Strict Liability Is One of The Potential Grounds for A Personal Injury Claim

Victims of personal injuries can recover compensation through strict liability lawsuits. In a strict liability lawsuit, the defendant is liable for damages, regardless of their intent or mental state when committing the action. Strict liability applies to certain causes of action, where a party can be held accountable for another’s injuries, irrespective of fault. It applies in the following types of situations: animal bites, manufacturing defects, and abnormally dangerous activities. If there is negligence on the part of the defendant, they’re liable to compensate the plaintiff for the damage caused.

Liability Under Rylands Vs Fletcher Is a Specific Type of Nuisance

Strict liability was introduced in the case of Rylands vs Fletcher, a decision by the House of Lords that introduced a new area of English tort law. The defendant, John Rylands, to enhance their water supply, built a reservoir using well-known engineers. There was negligence on the part of the contractors, who didn’t seal the mine shafts they came across when constructing the reservoir. The plaintiff, Thomas Fletcher, sued for damages, as water flooded their coal mines. From the proceedings on this case, strict liability was developed so as to avoid misrepresentation of facts in a court of law.

English courts didn’t base their decisions in similar cases on strict liability but on the intention behind the actions. In modern negligence terms, it could be affirmed that any use of land that causes danger to adjoining owners is potentially negligent, so the injured party has reason to pursue litigation. The necessary elements to establish a case for strict liability are the same as those for negligence, the only difference being that there’s no requirement of fault. Causation and damage elements are applied in the same manner.

The Case Against Strict Liability

It goes without saying that the classification of strict liability has met with opposition. Critiques argue that it’s not fair for a person to be held liable for something unrelated to their intentions. Put simply, it’s unfair, harsh even. The truth is that no topic in modern torts has received so much attention. And there’s still a great deal of confusion because strict liability in the law of torts is seldom analyzed. Surprisingly, some support the classification of strict liability. Proponents highlight that lenient punishments make up for the potential unfairness.

What Can You Recover in A Strict Liability Case?

Even if your case isn’t a strict liability case, you may be able to recover compensation by means of another type of claim, such as negligence. As stated by Personal Injury Claims Care Specialists, navigating a personal injury claims process is difficult if you don’t know what’s expected. For instance, in a dog bite case, the law recognizes a difference between domesticated and wild animals. The owner of a domesticated animal can be held legally liable if they had knowledge about the pet’s dangerous propensities. As far as abnormally dangerous activities are concerned, people have opposing views on what represents dangerous behavior.

If you happen to be injured in a case that triggers strict liability, you can recover damages for lost wages, medical bills, pain and suffering, emotional distress, loss of consortium, and property damage. Punitive damages are awarded only if harm was inflicted under circumstances of aggravation, cruelty, or malice. If you’ve been hurt after using a defective product, punitive damages may be warranted. As you can see, legal injuries aren’t limited to physical injuries and may include violations of privacy, property, and so on. Under strict liability, you don’t have to prove that someone was negligent to win the claim.

Strict Liability Doesn’t Come into Play in These Cases

With strict liability, it’s not necessary to establish that the defendant was reckless or negligent. A defense such as “I didn’t do it” doesn’t work. A case isn’t strict liability when the plaintiff must prove that the defendant acted wrongfully. Therefore, strict liability doesn’t come into play in a car accident case. When a road traffic accident occurs, it’s essential to establish negligence by proving that the other party was at fault for the collision. Your lawyer will inform you if your situation qualifies as strict liability or not. No matter the case, they’ll make sure you get the compensation you deserve.

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