If you’ve been injured in an accident, the liable party could be responsible for paying your damages in a personal injury case. Most personal injury claims are based on the legal theory of negligence.
To prove liability in a negligence claim, you need to show that the at-fault party breached a duty of care owed to you and is liable as a result. In a strict liability case, however, someone can be held liable for certain actions (or inaction)–whether they were negligent or not.
Strict liability does not apply in all personal injury cases. An experienced personal injury lawyer can help determine if someone could be strictly liable for your damages. In a strict liability scenario, a person could be automatically liable for damages if they acted in a particular way. It will not matter what that person’s mental state, knowledge, or intentions were in a strict liability case.
Contact an experienced personal injury lawyer in St. Louis, MO, to learn about strict liability and how it can apply to your case. Below, we’ll talk more about what strict liability means in a Missouri personal injury claim.
Defining Strict Liability
Strict liability is a concept that exists to protect public safety and applies to both civil and criminal law. In a civil case, strict liability requires offending parties to pay damages due to their conduct. If strict liability applies to the case, the claim will move from the question of liability to the question of damages–how much the defendant owes to the plaintiff.
In civil cases, there are certain situations when strict liability can apply. In these scenarios, you do not need to prove a person was negligent or intended to harm you. Whenever there is an inherent risk of danger or harm due to certain conduct, strict liability can apply. Whether it is a corporation manufacturing products for worldwide distribution or someone taking their dog to the park, strict liability can arise in a number of ways.
Three Common Strict Liability Situations in Missouri Personal Injury Cases
Strict liability can be involved in several different types of personal injury cases. The three most common situations involving strict liability include defective products, abnormally dangerous activities, and animal attacks.
Defective Products
When consumers are harmed by a product put out on the market, they can sue for damages related to their injuries. These are known as product liability claims. To prove strict liability in a product liability case, you will need to show:
- The defendant designed, created, or manufactured the product;
- The defective condition existed when the product left the defendant’s control–there was no intervening cause for the defect, such as tampering elsewhere;
- The injured individual bought and used the product in question;
- The defect caused the victim’s injuries, and there was no other cause;
- The injury was a reasonably foreseeable consequence of the defect (for example, burns caused by a product that overheats unexpectedly).
In some product liability cases, a product is inherently dangerous due to a defective design. Proving a defective design can require expert analysis and testimony but would also bring strict liability into the equation.
Abnormally Dangerous Activities
If a defendant’s conduct was abnormally dangerous in itself, and injuries result, strict liability can apply. A good example would be a neighbor setting off fireworks or explosives in their yard. If debris from the explosion injures anybody on the property or elsewhere, the person creating the explosion can be strictly liable. It would not matter that they didn’t intend for anyone to get hurt.
Other examples could involve the use of toxic chemicals, radioactive materials, or other products that would create a foreseeable risk of harm if the material got loose.
Animal Attacks
When animals attack, strict liability usually applies. Dog bites are the most common type of strict liability case involving animals. Missouri follows the law of strict liability for dog bite claims. In Missouri, dog owners are strictly liable for injuries caused when their dog bites another person. The main exception would be if the bite happened on the dog owner’s property and the victim was there unlawfully. When a dog bites in a public area or bites an invitee to the dog owner’s home, the owner can be held responsible for medical bills and other costs caused by the bite.
Collecting Damages After Proving Strict Liability
Damages in a Missouri personal injury case typically include economic damages and non-economic damages. Once a party is found liable for a victim’s injuries, the question turns to damages.
Economic damages include the financial costs from an accident, such as:
- Medical expenses
- Property damage
- Lost income
- Out-of-pocket costs
Non-economic damages in strict liability claims frequently include:
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Reduced quality of life
Experienced St. Louis personal injury lawyers can estimate your potential non-economic losses and pursue those damages as part of your claim.
A St. Louis Personal Injury Lawyer Can Help Prove Strict Liability
Strict liability cases can be somewhat complex and require a firm understanding of personal injury law. A St. Louis personal injury lawyer can review your case, identify the at-fault party, and determine whether strict liability applies in your case. Schedule a free consultation with our Roach Law Car Accident Lawyers to learn more at (636) 519-0085.
