Understanding Strict Liability vs. Negligence in Personal Injury Cases
If you are hurt because of someone else’s conduct, you may be entitled to recover compensation for your injuries. Getting the compensation you are owed requires proving the defendant’s liability. The evidence required to prove your case depends on whether your claim is based on negligence or strict liability.
Keep reading below to learn the key differences between the two and what that can mean for your personal injury case.
What Is Negligence?
Negligence occurs when someone is careless in their behavior, and you get injured as a result.
Negligence forms the basis for many types of personal injury claims, including:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
Proving negligence requires proving four distinct legal elements:
Duty of Care
You must show that the defendant owed you a legal duty to behave in a certain manner. The duty of care owed in most situations is that of a reasonable person under similar circumstances. For example, when you drive your car, you owe others a legal duty to operate your vehicle safely and reasonably.
Breach of Duty
The defendant breaches their duty when they act outside of the accepted standard of behavior. A breach of duty may occur through action or inaction. For instance, if you decide to speed and text while driving, you have breached your duty of care as a driver of a vehicle.
Causation
The third element of negligence is causation, and this means that your injuries were both a direct and foreseeable consequence of the defendant’s behavior. To prove causation, you must prove a direct link between the defendant’s conduct and your injuries.
Damages
Finally, you must have suffered some actual damages as a result of the defendant’s conduct. This may include medical bills, lost wages, pain and suffering, and other related losses.
What Is Strict Liability?
Strict liability occurs when a defendant is held liable for their actions, regardless of their intent or carelessness. No negligence usually needs to exist to hold a defendant responsible for your injuries in these cases. The defendant assumes liability simply by engaging in certain activities.
Some common types of cases involving strict liability include:
- Defective products: Product manufacturers may be held liable for injuries resulting from defective products even if no negligence is present.
- Dog bites: Although Texas follows a “one bite rule,” many states hold dog owners strictly liable for any injuries resulting from dog bites.
- Ultrahazardous activities: Some activities are so inherently dangerous that those participating in them may be held liable for any resulting damages. Some examples include blasting activities, tree cutting services, and transportation of hazardous materials.
There is generally no need to prove fault in strict liability cases. An injured victim simply needs to prove that the defendant engaged in certain conduct and that they were injured as a result.
Key Differences Between Strict Liability and Negligence
Understanding the differences between strict liability and negligence can make a huge impact on your personal injury claim. Some key differences between the two include:
Burden of Proof
Proving negligence requires proving both a duty of care and a breach of that duty. However, strict liability requires only that the plaintiff prove they were injured by a specific type of conduct.
Potential Defenses
There are a few available defenses when a personal injury case is based on negligence. These can include contributory negligence, comparative negligence, or assumption of risk, depending on the jurisdiction. However, fewer defenses are typically available in strict liability claims.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
Understanding the difference between strict liability and negligence can help you maximize your compensation. Selecting the right legal strategy can help you resolve your claim more quickly and boost your chances of success. Additionally, it can give you an advantage when negotiating with the insurance company.
If you need help with a personal injury claim in Dallas, TX, contact the experienced team at Benton Accident & Injury Lawyers today for a free consultation. Our Dallas personal injury lawyers are ready to work for you.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
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