Negligence vs. Strict Liability
The main difference between strict liability and negligence comes down to what must be proven. In negligence cases, the injured person must prove that the defendant owed a duty of care, failed to meet that duty, and directly caused the injury, which often requires detailed evidence about what the defendant did wrong.
Strict liability removes the need to prove fault. As mentioned above, as long as the injury was caused by a qualifying product or activity and resulted in actual harm, liability may still apply, even if the defendant acted with due care.
What Is Needed to Prove Strict Liability?
To bring a strict liability claim, the injured person must show that the injury was caused by a product or activity that falls under strict liability laws. There must also be a clear link between the injury and the source of harm.
The most important first step is to seek medical attention and document your injuries (e.g., medical visits, treatment, and how the injury affects your daily life). It’s also helpful to preserve any evidence related to the injury, such as the product involved, packaging instructions, or photos of the scene. Avoid altering or disposing of anything connected to the incident if possible.
What Damages Can You Recover in a Strict Liability Case?
The types of compensation available in strict liability cases are similar to those in other personal injury claims.
Economic damages may include medical bills, lost income, and other out-of-pocket costs related to the injury. Non-economic damages can cover things like pain and suffering, emotional distress, or long-term limitations caused by the injury. The exact amount depends on the severity of the harm and how it affects daily life.
Is a Strict Liability Claim the Same as a Workers' Compensation Claim?
No. Workers’ compensation is a no-fault system that provides limited benefits to employees injured on the job, regardless of who caused the accident. In exchange, employees usually cannot sue their employer.
Strict liability claims are different because they’re typically brought against third parties, such as product manufacturers or property owners. These claims may allow injured individuals to seek broader compensation, including pain and suffering.
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