Have you or your family member been injured because of another party’s negligence or wrongdoing? If so, you may have a personal injury claim against that party for your injuries and losses.
Liability means that a party is legally responsible for the harm they cause through their actions or omissions. Proving someone is negligent requires you to produce evidence demonstrating that their conduct breached the standard of care they owed to you. Negligence is the failure to use the same care a reasonable person would have exercised under similar circumstances.
However, some personal injury cases are based on strict liability. In those cases, you do not have to prove that someone failed to act with reasonable care to hold them liable for your damages.
What Is Strict Liability in a Personal Injury Case?
Under strict liability, a party can be held responsible for the damages they cause, regardless of their intent or fault.
Even when a party uses reasonable care, they may still be held liable for damages if their actions harm someone else.
Strict liability only applies in specific situations. Examples of personal injury cases where strict liability may apply include:
Abnormally Dangerous Activities
When a party engages in an activity that creates a risk of foreseeable harm, they may be held strictly liable for damages even if they use reasonable care. An example of abnormally dangerous activity could be using explosives at a job site or transporting hazardous materials.
Product Liability
A company may be held strictly liable if a defective product harms someone. The injured party must prove that the product was defective when it left the manufacturer and that it was used as intended without modifications. Product liability claims may involve design defects, manufacturing defects, and failure to warn.
Keeping Wild Animals
Wild animals are dangerous. A party can be held strictly liable if they own a wild animal, and it attacks someone. Strict liability applies even in cases where the owner took reasonable care to restrain the animal.
Dog Bite Cases
Some dog bite cases may be based on strict liability. If a dog owner knew or should have known their dog might be dangerous, they can be held strictly liable if the dog attacks or bites someone. Generally, if the dog has previously bitten someone, the owner is presumed to have notice that the dog is dangerous.
Proving Strict Liability
Even when strict liability applies, the injured party must prove specific legal elements to hold the other party liable for damages. Generally, you must link the party’s actions or inactions to your injuries to establish causation.
Suppose a defective product injures you. You need to prove the product had a defect that made it inherently dangerous. For example, if the product had a design or manufacturing defect, it was already defective when you received it. You would also need to prove that you used the product in a foreseeable manner.
Strict liability removes the legal requirement to prove that the party failed to meet a standard of care resulting in your injury. You only need to prove that the party was responsible for the cause of your injuries and that you sustained damages because of the other party’s conduct.
What Damages Can I Receive for a Strict Liability Injury Claim in Texas?
Strict liability claims can result in economic and non-economic damages. The damages in a personal injury case reimburse and compensate an injured party for their:
- Pain and suffering
- Medical bills
- Disfigurement and scarring
- Rehabilitative care and therapy
- Emotional distress and mental anguish
- Lost wages and diminished earning capacity
- Impairments and disabilities
- Out-of-pocket expenses
- Loss of enjoyment of life
The amount you receive for a strict liability injury claim depends on the factors involved in the case.
What Is the Deadline for Filing a Personal Injury Lawsuit Based on Strict Liability?
In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. A person may lose their right to pursue a legal claim if they do not file a lawsuit before the deadline expires.
Exceptions to the statute of limitations can lengthen or shorten the time it takes to file a lawsuit. Thus, it is crucial that injured parties seek legal advice as soon as possible to protect their rights.
Contact Our Dallas Personal Injury Lawyers at Benton Accident & Injury Lawyers for Legal Help
You deserve fair compensation for your injuries and damages. Reach out to Benton Accident & Injury Lawyers to schedule a free consultation with an experienced Dallas personal injury lawyer. You can contact our law firm online or by calling (214) 556-8321. Our legal team is committed to aggressively pursuing strict liability claims to protect the rights of injured victims and their families.