Usually when a plaintiff seeks compensation for injuries or damaged property, they must prove negligence or criminal intent on behalf of the defendant. However, strict liability law recognizes that there are certain cases where danger is inherent, and the plaintiff need not prove direct fault or negligence on behalf of the defendant in order to win their settlement.
Here are some of the most common types of strict liability cases:
- Product liability. In a product liability case, the plaintiff must prove that there was a defect in the product, that he or she used the product as it was intended, and that he or she was injured using this product. Manufacturing defects, design defects, and failure to warn consumers of the contents or dangers associated with the products can all be grounds for a strict liability lawsuit.
- Abnormally dangerous activities. Some activities are inherently dangerous. Regardless of intent, if an injury occurs because of the dangerous act of another individual than the injured person can take the case to court. Some dangerous activities include blasting explosives, storing certain chemicals, burning fields, and disposing of chemical waste.
- Dogs and dangerous animals. If you have a pet that has dangerous tendencies, such as a dog that’s been bred for fighting, like a pit bull, then you will be accountable if that animal injures another person or damages property. This applies to other domesticated animals as well, such as birds and cats.
- Ownership of wild animals. Wild animals are animals that have no history of being domesticated. Someone who is in possession of a wild animal is responsible if that animal attacks and harms a person or property, regardless of whether it was the person’s fault or not.
If you have been injured in an accident that you think is a strict liability case, you may be eligible for compensation. The first thing you should do is talk to an experienced strict liability lawyer about the details of your case and your legal options going forward.
Experienced strict liability attorneys in the Bronx
At the Law Offices of Evan W. Kohn, we have the experience and knowledge to help you get the fair compensation you deserve when you suffer injury through the negligent, reckless, or careless actions of someone else. Call 718-409-5500 or contact us online to schedule your free consultation. Se habla español.