Strict Liability

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Liability in personal injury claims usually means that the at-fault party is financially responsible for the damages they cause. In most cases, fault must be established before the wrongdoer can be held liable. However, strict liability is a special case.

In situations where strict liability applies, an individual can be held responsible for damages caused by their actions without having to prove any fault or negligence on their part. Continue reading below to learn more about strict liability and its application.

Examples of Strict Liability

Most personal injury claims are based on the concept of negligence, which typically requires proving four elements: duty of care, breach of duty, causation, and damages. However, you do not need to prove negligence in a strict liability claim. You only need to show that the defendant engaged in a certain activity and that you suffered damages as a result of their behavior. 

Some common examples of situations involving strict liability are:

Ultrahazardous Activities

Some activities are considered to be so dangerous that there is an inherent risk in doing them at all, even when taking all the proper precautions. Individuals or companies that engage in those activities will be held strictly liable for any damages that result from their behavior.

For instance, construction companies that engage in blasting activities can be held strictly liable for any damages that result from the blasting. Even when all the proper precautions are taken, blasting is so dangerous that adjacent property owners may still suffer some losses. 

Other types of ultrahazardous activities may include:

• Tree cutting services
• Transportation of hazardous materials
• Crop dusting
• Mass use of poisons
• Storing explosives
• Digging canals

When someone engages in these activities, they assume liability for any accidents that occur as a result.

Product Liability

Defective consumer products cause millions of injuries each year, and manufacturers can be held liable for these injuries, even if they were not negligent. By introducing a defective product into the stream of commerce, liability can be placed on the manufacturer, distributor, or retailer. 

Defective products must generally contain at least one of the following:

• Design defect
• Manufacturing defect
• Marketing defect

Determining whether strict liability applies requires a thorough examination of the case’s facts. An experienced lawyer can help determine who may have liability for your injuries.

Dog Bites

Under Washington law, dog owners can be held strictly liable for injuries resulting from a dog bite. This rule applies when the victim is in a public place or lawfully on private property. Other states may follow the “one free bite” rule, but Washington holds dog owners responsible for bite injuries, even if the dog has no prior history of biting or aggression.

Similarly, individuals who keep wild animals may be held liable for any damages or injuries they cause. These animals have not been domesticated, and there are certain risks associated with housing them. Even if the owner is housing wild animals legally, they can still be held responsible for any injuries that one of the animals may cause.

What Types of Damages Are Accident Victims Entitled to Receive?

Victims who are injured in accidents involving strict liability are generally entitled to recover compensation for all their losses. This includes both their financial losses and their intangible losses. 

Economic damages are used to compensate victims for the monetary losses they suffer as a result of the accident and may include items such as:

• Medical bills (current and future)
• Lost wages and benefits
• Future lost earning capacity
• Property damage
• Out-of-pocket expenses
• Physical therapy
• Rehabilitation
• Medical equipment or devices

These damages usually have a very specific financial value. 

Conversely, non-economic damages are much more subjective and can include losses such as:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Diminished quality of life
• Depression
• Anxiety
• Loss of love and companionship
• PTSD
• Permanent scarring
• Permanent disabilities

Putting a value on these damages is much more challenging, and their value depends on how the victim has been affected by their injuries. These damages can be worth significantly more than the financial losses in the case, and an experienced personal injury lawyer is often needed to help determine an accurate value for these losses.

Contact Our Seattle Personal Injury Lawyers For a Free Consultation

If you have been hurt in an accident, you may be entitled to significant compensation for your injuries even when there is no misconduct present. The defendant could be held liable for your losses simply because they engaged in a certain type of activity. However, you may need the help of an experienced lawyer to help you recover the compensation you are owed.

The team at Davis Law Group Car Accident and Personal Injury Lawyers has decades of combined experience helping injury victims get the justice they deserve. Contact us today to schedule a free consultation with a Seattle personal injury lawyer who is ready to help you through every detail of your claim.