When you have been involved in a defective product-related accident, you may hear of a theory known as strict liability. This is when a company is held responsible for their actions or products that cause damages, no matter if negligence was at play or not. If somebody brings a personal injury lawsuit under strict liability, they must only show that they suffered harm – not negligent conduct itself.
To determine strict liability, there are some factors that the court will look at. For instance, could the activity being conducted be deemed “dangerous?” Was the activity necessary? If a construction company is blasting in a highly populated area and somebody is injured as a result, the company may be held responsible for injuries under strict liability. Strict liability, of course, also plays an important role in the case of manufactured products where the manufacturer can be held responsible if someone is injured due to a negligent product. As long as you did not tamper with or misuse the product, you should have no problem proving your claim.
What Must You Show the Courts?
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To prove your strict liability action in court, you must show a couple of different things. Did a person or company do something that was inherently dangerous or unreasonable? Did this cause something bad to happen to the plaintiff? Did the plaintiff suffer harm because of the accident? If you can answer “yes” to all of these questions, then it is probably a good idea to speak to an attorney about your case. Once you are able to show the courts that you were injured due to the negligence of another person, then the defendant will typically have to take care of your damages in full. It is very important to act in a timely manner and speak with us today. We will assess your case and answer all of your important questions. Call us today.