Strict Liability
What is Strict Liability?
Strict liability means that someone can be held responsible for injuries or damages even if it can’t be shown that they were careless or meant to hurt someone. In a way, they are almost “automatically” responsible for the results of an action, activity, or product. It is only used in certain types of personal injury cases.
The reason for strict liability is that some activities require a high level of accountability, and the party responsible (usually a business) has to assume that accountability. It is often compared to vicarious liability and joint liability, two other ways to show who is at fault in a case.
The Two Types of Cases That Use Strict Liability
There are two types of cases where strict liability comes into play. They are:
- Extremely Hazardous Activities: The law calls these kinds of things “ultrahazardous.” They include things like working with explosives, releasing dangerous substances such as pollution, spilling oil, etc. Companies that do these things know that if something goes wrong, they will be held strictly liable, even if they weren’t being careless or breaking the rules on purpose. (This doesn’t happen in most personal injury cases, but it does occur in some.)
- Product Liability: Under Georgia law, manufacturers must take full responsibility for their products. In other words, if you buy a faulty product and get hurt, the manufacturer is strictly liable and can be found at fault even if they weren’t careless or cut corners. When a company sells a product to the public, this is “part of the deal.” If the product is broken, the company will be held responsible.
Sometimes strict liability can extend to the companies selling or renting out a product, not just the manufacturer.
What Does Strict Liability Mean for My Case?
In most cases of personal injury, strict liability will not be used. Instead, you will have to show that the other person was negligent, which is something your personal injury lawyer can help you do.
But strict liability comes into play if you were hurt because of a faulty product. What it means for your case is this:
- Your case might be easier to prove and win in the end.
- You will still have to show that the defective product hurt you or caused you to lose something.
- In some situations, you may have to defend yourself against claims that you didn’t use the product right or ignored labels and instructions.
Contact the Personal Injury Lawyers at The Brown Firm
If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!
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