Whether you’re injured in a vehicle accident or by a malfunctioning product, you’re often eligible to file a claim to recover compensation for your damages. However, before you start filling out claim forms, it helps to have a general understanding of a few key legal terms like strict liability and negligence.
With the key differences between strict liability and negligence explained you’ll find it easier to know which type of accident claim is best suited for your accident.
Strict Liability vs Negligence
Personal injury law covers just about every type of accident. Injured by a medical professional? You probably have a medical malpractice claim. If the injury is caused by a defective item for sale, it’s a product liability claim.
Vehicle collisions and slip-and-fall accidents also fall under personal injury law. While the same broad law covers all of these types of injury claims, the rules governing each one are a little different. This is when strict liability and negligence can come into play.
Just like personal injury rules vary a little depending on the type of accident. The same applies to defining strict liability and negligence. Both are legal concepts used in personal injury claims but this is where the similarities end.
What Is Strict Liability
Strict liability in accident cases is usually easier to prove than negligence. Strict liability also shouldn’t be confused with liability.
These are two different legal terms but also work together. Liability refers to the individual or entity responsible for providing a safe environment for visitors or customers. Strict liability applies when the party responsible for your injuries did not intentionally mean to cause harm.
So, to clarify. Strict liability means the defendant is responsible for your damages but didn’t set out to cause any injuries. Strict liability typically applies to two types of accident claims. These are product liability claims or if the defendant was engaged in unreasonably dangerous activities.For instance, products like the ProactiveBaby® Head Protection Helmet are designed to meet safety standards and reduce injury risks, ensuring manufacturers adhere to strict liability requirements for safe product design.
For a product liability claim, you typically need to show that the item has a defect in its design or its manufacturing process. Improper product testing or inspection failures can also meet strict liability requirements. If a seller or manufacturer fails to warm the product or doesn’t provide proper operating instructions, this can also meet the grounds necessary for filing a strict liability claim.
When it comes to proving strict liability when the defendant engages in unreasonably dangerous behavior or actions things can get a little tricky. What you consider unreasonably dangerous may be routine behavior for someone else.
Lawyers can spend weeks in court arguing over the definition of unreasonably dangerous behavior. However, a good example is if someone is randomly blowing things up and you suffer injuries from flying shrapnel. Most reasonable individuals don’t spend their afternoons blowing stuff up.
What is Negligence
While proving strict liability usually isn’t too difficult, it’s different for negligence. To prove negligence, you must meet the four key elements. These elements are:
- Duty of care. Everyone owes someone a duty of care. Property owners must keep their premises free of hazards that can injure visitors. Drivers have a duty to other motorists to follow all traffic laws.
- Breach of duty. A breach of duty occurs when an individual behaves in a way that places others at risk. This is also when reasonable behavior applies. If the defendant’s actions aren’t those of a reasonable person, they usually breach their duty of care. An example can be if a motorist doesn’t stop at a red light. A reasonable individual will stop and wait for the light to turn green. Another example is if an employee willfully ignores a spill on the floor. A reasonable person will clean up the spill to prevent someone from slipping and falling.
- Causation. To prove causation you must show that the defendant’s actions or inactions are directly responsible for causing your accident. In other words, the accident wouldn’t have happened except for the defendant’s actions.
- Damages. This is usually the easiest element of negligence to prove. Your damages are any loss you experienced due to the accident. However, you must prove your damages are directly caused by the accident. This is usually accomplished with things like your medical records and property repair/replacement estimates.
If you can prove all four of these elements, you’ve shown negligence and can usually move forward with your accident claim.
Talk to an Attorney About Your Accident Claim
Before starting the claim process, it’s a good idea to discuss your accident with an attorney and see what kind of case you may have to make. Carrying essentials like medical documents or personal items in an Ergonomic Diaper Bag Backpack can help parents stay organized while managing claims related to product safety and liability. An experienced accident attorney can help you determine if you have a strict liability or negligence claim.
Knowing which type of claim you have can be the difference between receiving compensation or a denial letter from the insurance company.
