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What is Strict Liability?

An important element of personal injury litigation is the proof of negligence. In many cases, injury victims and their legal representation must provide evidence of the at-fault party’s negligence in order to recover compensation for damages. However, doing this is not always necessary. In some states, strict liability laws are in place. California is one state where strict liability applies.

Under strict liability, parties who are at fault for a person’s injuries can be held liable despite any proof of negligence. Strict liability commonly applies to cases such as dog bite injuries and product liability litigation.

Proving Negligence May Not be Necessary

The main purpose of strict liability laws is to render the proof of negligence unnecessary for establishing liability for an injury. Strict liability allows proof of injury and the cause of injury to be enough to prove the fault of a responsible party.

For example, in cases of product liability, an injury victim must only demonstrate that a product was defective and caused their injuries. The injury victim does not need to show that the defect was the result of negligence by the manufacturer or another party. This differs from states where strict liability does not apply. In these cases, injury victims need to show that the manufacturer failed to conduct proper tests, was aware of safety issues with their product, or exhibited another form of negligence.

Dog bite cases are another area of the law in which strict liability applies. Victims of dog bites in California and other strict liability states do not need to show that the dog was not on a leash or that the dog’s owner was aware of the animal’s aggressive nature. Instead, they must only establish that the dog bit them.

What to Do if You Have a Case

If you have been injured because of another person’s negligence, it’s possible that strict liability applies to your case. Contact Smolich & Smolich today. Our legal team can help if you or a loved one was injured because of another person’s negligence. We can advise you on whether or not strict liability will play a factor in your case, and if not, we will build a strong case that establishes the at-fault party’s negligence. We will fight to get you the compensation you deserve!

Send us a message or call (916) 571-0400 to schedule a free consultation with our lawyers.

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