If you’ve been hurt in an accident, you may need to prove that someone else was responsible to get compensation. In many personal injury cases, you must show that the other person was careless or negligent. But in some cases, the law holds people responsible for injuries regardless of their intent or mental state. This is called strict liability.
What Does Strict Liability Mean?
Strict liability means that a person or company can be held legally responsible for harm, even if they did not act carelessly or mean to cause injury. Strict liability laws are meant to protect people from dangerous situations by holding certain individuals or businesses accountable.
Unlike most personal injury cases, where you must prove that the other person was negligent, strict liability cases focus on whether the defendant’s actions or products caused harm. If they did, they can be held responsible, no matter their intent.
When Does Strict Liability Apply?
Strict liability applies in certain types of cases where the law says it’s fair to hold someone accountable, no matter their intent. The most common situations include:
Product Liability
Companies that design, manufacture, or sell dangerous products can be held responsible for injuries, even if they did not mean to cause harm. For example, suppose a company sells a power tool with a defect that causes it to overheat and catch fire, injuring the user. The victim does not have to prove that the company was careless—just that the product was defective and caused harm.
Dog Bites
In Florida, dog owners are strictly liable for injuries their dogs cause, even if the dog has never bitten anyone before. The victim does not need to prove that the owner knew the dog was dangerous. The fact that the bite happened is enough.
Dangerous Activities
Some activities are so risky that the law holds people responsible no matter how careful they are. For example, suppose a company using explosives to demolish a building accidentally damages nearby homes. Even if they followed all safety rules, they are still responsible.
How Do You Prove Strict Liability?
Since strict liability does not require proving negligence, these are the only required elements:
- The defendant engaged in an inherently dangerous activity or was responsible for a defective product.
- You were injured.
- The activity or product directly caused your injury.
This is different from regular personal injury cases, where you must prove that someone acted negligently. In strict liability cases, if the dangerous action or product caused harm, the responsible party is liable—even if they did everything possible to prevent it.
What Compensation Can You Get in a Strict Liability Case?
There are a few types of damages you can recover in a strict liability case.
These include:
Economic Damages
Economic damages cover your tangible losses that can be directly tied to the accident, such as:
- Medical Bills: doctor visits, hospital stays, medication, and therapy
- Lost Wages: money lost from missing work due to the injury
- Property Damage: if a defective product or dangerous activity damaged your property
These losses have bills, invoices, and receipts supporting them.
Non-Economic Damages
Non-economic damages cover subjective losses that are harder to measure, including:
- Chronic Pain: compensation for injuries that cause ongoing pain
- Emotional Distress: anxiety, depression, or trauma caused by the accident
- Loss of Enjoyment of Life: if the injury prevents you from doing things you enjoy
These losses typically do not have documentation supporting them.
Punitive Damages
Punitive damages are a type of compensation that is awarded to punish a defendant for reckless or egregious conduct.
Getting compensation in a strict liability case can help you cover expenses and move forward after an injury.
Why You Need a Lawyer for a Strict Liability Case
Strict liability laws make it easier for injury victims to recover compensation, but that doesn’t mean insurance companies will pay easily. They may try to argue that you were at fault or that the product wasn’t defective. A skilled lawyer can:
- Investigate your case and gather strong evidence
- Negotiate with insurance companies to fight for a fair settlement
- Take your case to court if necessary to maximize your compensation
We know how to handle insurance companies and fight for your rights.
Contact Our Florida Personal Injury Attorneys for a Free Consultation
Strict liability cases can be complicated, but you don’t have to handle them alone. Our team at Winters & Yonker Personal Injury Lawyers can help you prove your case and recover the compensation you need.
Call our Florida personal injury lawyers at (813) 223-6200 to schedule a free consultation. We will review your case, explain your options, and fight for the compensation you deserve.
