Strict liability is a legal concept which holds entities responsible for injuries or damages even if they didn’t intend harm or weren’t negligent.
Key takeaways:
- Strict liability law applies to defective product (product liability) and dog bite cases in California.
- Strict liability only requires that harm was caused by a dangerous product or activity, whereas negligence requires proving that carelessness occurred.
- California dog owners are always liable for dog bites, even when the bites are not the result of their negligence.
- California product manufacturers are always liable for injuries caused by defective products, even when the defects are not the result of their negligence.
- Strict liability shifts focus away from “fault” and towards a product or activity’s risky nature, making sure victims get compensated and the cost of harm is bore by high-risk parties.
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured by a defective product or bitten by a dog. Our legal team can help you recover financial compensation for medical bills, lost wages, lost earning capacity, pain, suffering, wrongful death and more.
Why Clients Choose Nadrich Accident Injury Lawyers to Handle Their Strict Liability Claims
Clients turn to Nadrich Accident Injury Lawyers because they want a team with a proven track record in strict liability cases. We know how to build strong claims and fight for fair compensation on your behalf.
- We have been handling strict liability cases, including defective product claims and dog bite claims, since 1990.
- Our legal team has recovered more than $750,000,000 for our clients.
- Our experienced product liability lawyers have the resources and expertise to take on the biggest product manufacturers, such as pharmaceutical giants and Fortune 500 companies, and win.
- Our experienced dog bite lawyers know the ins and outs of California dog bite laws and will recover the most compensation possible for you.
- We handle product liability and dog bite cases on a contingency fee basis, meaning we don’t charge a fee until we win and our only fee is a percentage of any compensation recovered.
- We handle every aspect of the legal process for our clients so they can focus on recovering from their injuries.
- You can rely on our communication and 24/7 availability.
Our attorneys bring a client-first approach to the table, and we’re equipped to guide you through every step of your case. If you were harmed by a defective product or dog bite, we’re ready to help.
How Strict Liability Differs from Negligence
- Strict liability holds entities accountable for harm regardless of intent or fault. It focuses on a product or activity’s dangerous nature.
- Negligence requires proof that a defendant did not act with reasonable care. The key issue is carelessness.
- The primary difference is fault. Liability is imposed by strict liability without fault, and negligence requires proving that carelessness occurred.
- Most personal injury cases are negligence claims, not strict liability cases.
- Strict liability cases are easier to win than negligence cases, but strict liability only applies to certain case types.
Strict Liability
- Focus: The inherent danger of the product or activity itself.
- Proof needed: Plaintiffs must demonstrate a product/activity was inherently dangerous and directly led to harm, not that a defendant was careless.
- Examples: Dog bites, defective products (manufacturing/design/failure to warn defects).
- Defense: Limited. Typically plaintiff misuse or assumption of risk. Trespassing or provocation, in the case of dog bites.
Negligence
- Focus: The conduct of the defendant and their failure to be reasonably careful.
- Proof needed: Duty, breach, causation and damages.
- Examples: A slip and fall in a store due to a wet floor, a car accident due to speeding.
- Defense: The defendant took proper precautions or acted reasonably.
When Does Strict Liability Apply in California?
California courts apply strict liability in several scenarios. The most common examples are:
Dog Bite Claims
Dog owners in California are strictly liable under California Civil Code § 3342 for damages caused when their dogs bite people.
- Owners are liable for damages from dog bites when they occur in public places or private places where victims aren’t trespassing.
- Owners are liable regardless of if they knew their dog was aggressive.
- Owners are liable even when dogs have never bitten anyone before.
- Negligence on behalf of the dog owner does not need to be proven.
- Strict liability doesn’t apply when dog bite victims were trespassing or provoking dogs.
- California’s strict liability is different from other states’ “one bite rules” where dog owners only get held liable when their dogs have a proven history of aggression or biting.
- Strict liability does not apply in California when people are injured by dogs through means other than biting. Negligence needs to be proven in these situations, such as when dogs knock people to the ground, injuring them.
Defective Product Claims
Strict liability torts in California hold manufacturers responsible for injuries caused by their defective, abnormally dangerous products.
- Manufacturers, retailers and distributors can be held strictly liable under tort law for injuries that defective products cause.
- Plaintiffs only need to show that products were defective and caused their injuries. They don’t have to prove that manufacturers were negligent.
- Plaintiffs need to show that products were defective and caused their injuries, and that they were using the products in a “reasonably foreseeable” way.
According to the law, strict liability in California, when it comes to defective products, applies to three types of product defects:
- Manufacturing defects: These are defects that are the result of something going wrong during the manufacturing process. For example, contaminants may have entered a specific batch of food or medication, causing people to get sick.
- Design defects: These are defects that are present even when the product is manufactured and used correctly. In other words, the product is defective by design. An example would be a medication that causes cancer even when it is manufactured correctly and used as instructed. A risk/utility test is often used in design defects. This involves a jury determining if a product’s benefits and utility outweigh its potential for harm.
- Failure to warn defects: These defects are present when a manufacturer knows or should know about a danger associated with their product but fails to warn about it. An example would be a drugmaker failing to warn that its medication may cause cancer even though scientific evidence available to them shows that the medication may cause cancer.
What Compensation Can You Recover in a Strict Liability Lawsuit?
Those who file strict liability lawsuits may qualify for financial compensation for:
- Medical bills: All past and future medical expenses related to the injuries suffered, including the costs of hospital stays, trips to the emergency room, doctor visits, surgeries, medications, medical treatments, rehabilitation, physical therapy, etc.
- Lost wages: Wages lost due to being hurt too badly to work or needing to take time off from work to receive medical care.
- Loss of earning capacity: Loss or reduction of earning capacity due to a disability caused by injury.
- Pain and suffering: Physical pain, mental suffering and emotional distress related to the injuries suffered.
- Wrongful death: Funeral bills, burial bills, the medical bills incurred by and pain and suffering endured by the decedent prior to death, and loss of income, companionship, love, spousal benefits and household services.
- Punitive damages: These may be awarded when defendants behave especially egregiously. An example would be a drugmaker actively covering up their drug causing cancer instead of warning about it.
What Is a Strict Liability Tort?
- Torts are civil wrongs which cause others to suffer harm or loss.
- A strict liability tort is a legal principle holding that defendants can be liable for injuries or damages they caused even if they didn’t act with negligence or intent. Therefore, tort liability applies under strict liability regardless of the conduct of the defendant.
What Is the Difference Between Product Liability and Strict Liability?
- Strict liability, also known as absolute liability, is a legal doctrine under civil law where parties can be liable for damages without proving intent or fault.
- Product liability is an area of law applying to cases involving defective products harming others. Product liability claims utilize the legal theory of strict liability to hold defendants liable for defects.
- Personal injury lawsuits involving products liability can be based upon the strict liability definition, but can also involve additional legal theories such as negligence.
How Do You Prove Strict Liability?
Proving strict liability involves showing you were harmed by an activity or product that is inherently dangerous and that the defendant’s product or action directly caused the harm. You do not need to prove that a defendant acted negligently or with bad intent.
Key Elements to Prove
- Injury: You suffered actual physical or financial damages.
- Causation: The defendant’s action or product directly caused your injury.
- Product/activity type: Strict liability applies to the case (e.g. a defective product or a dog bite is involved)
- No fault needed: The focus is on harm itself and you don’t need to prove a defendant intended harm or was careless.
In Product Liability
- Defective product: The product was defective (manufacturing, failure to warn or design defect) when it left its maker.
- Foreseeable use: The product was used in an intended or reasonably foreseeable manner.
- Evidence: Common evidence in product liability cases include physical products, their packaging, expert testimony, medical records and purchase records.
In Dog Bites
- Ownership: You must prove the defendant owned the dog which bit you.
- The bite: You must prove your injuries were caused by the dog bite.
- Lawful presence: You must prove you were either in public or lawfully on a private property when you were bitten.
- No provocation: You must prove you weren’t provoking, tormenting or teasing the dog.
Can You Recover Emotional Damages from Strict Product Liability?
Yes. Dog owners in California can be held strictly liable for emotional damages resulting from their dogs biting people, and product manufacturers in California can be held strictly liable for emotional damages resulting from their products’ defects.
Is California a Strict Liability State?
Yes. Under strict liability rules, manufacturers of defective products are strictly liable for harm caused by their defective products in California, and dog owners are strictly liable for harm caused by their dogs biting people in California.
Is Comparative Negligence a Defense to Strict Liability?
Yes. Payouts in strict liability cases can be reduced when it is ruled that a plaintiff’s own actions contributed to the harm done to them.
- When a plaintiff is found 20 percent at fault for their own injuries, the compensation they are eligible to recover is reduced by 20 percent.
- A user of a defective product may see their recovery reduced if it is found that their careless use of the product or failure to follow product instructions contributed to their injuries.
- A dog bite victim may see their recovery reduced if it is found that their provocation of a dog led to their dog bite.
Is Strict Liability a Cause of Action?
Yes. Strict liability is a cause of action (a basis for a legal claim) which is commonly listed in civil lawsuits. It allows for plaintiffs to recover damages for harms caused by inherently dangerous products or activities without proving negligence or intent by a defendant.
What Are the Elements of Strict Liability?
The three elements of strict liability are:
- Qualifying activity: The defendant needs to have engaged in an activity which falls under strict liability, like making a defective product or owning a dog which bit someone.
- Harm to the plaintiff: Actual harm or damages needs to have been suffered by the plaintiff.
- Causation: The plaintiff needs to prove that the defendant’s product or activity directly caused their injuries.
These elements show that strict liability focuses on the harmful outcome rather than the defendant’s intent. If all three are met, the defendant can be held legally responsible even without proving negligence.
What Is an Example of Strict Liability?
Strict liability can get applied in various legal contexts.
Examples of strict liability in California include:
- A dog bites someone who is not trespassing when the dog bite occurs.
- A person develops an eye infection after using eyedrops which were contaminated with bacteria during the manufacturing process.
- A person is burned by hot liquid after a pressure cooker explodes due to a faulty safety mechanism allowing its lid to come off while the contents are still under pressure.
- A person develops Parkinson’s disease after using an herbicide that was sold without a Parkinson’s disease warning even though scientific evidence has linked the product with Parkinson’s disease.
Statute of Limitations for Strict Liability Lawsuits
There is a time limit known as a statute of limitations to file a lawsuit if you have been injured by a dog bite or defective product in California.
- In California, dog bite victims have two years from the date of the dog bite to file a lawsuit seeking financial compensation.
- California’s time limit for filing a lawsuit over a defective product is two years from the date that you became aware that you were injured by the defective product. So, if a defective drug gave you cancer five years ago but you just discovered today that the drug can cause cancer, you have two years from today to file a lawsuit.
- Regardless of the time limit, it’s best to speak to a lawyer today so evidence can be preserved and your lawyer has as much time as possible to strengthen your case.
You shouldn’t wait until the deadline is approaching. Speaking with an attorney as early as possible gives you the best chance at securing the fair compensation you deserve.
Contact Our California Personal Injury Attorneys Today
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was bitten by a dog or injured by a defective product.
Victims of defective products and dog bites choose our personal injury lawyers to handle their cases because:
- We’ve been successfully recovering compensation for dog bite and defective product victims since 1990.
- Our team has recovered over $750,000,000 for injury victims in California and throughout the nation.
- We handle personal injury cases on a contingency fee basis, meaning you won’t be charged a single penny until we win your case.
- Our team is composed of experts in all aspects of personal injury law, including dog bite law and defective product law, so we know all of the common defenses in these cases and how to defeat them.
- If you have suffered physical harm due to a defective product, we have the resources and experience necessary to take on the biggest corporations and win.
- Our communication and 24/7 availability can be relied on.
You deserve lawyers who are fully committed to fighting for the compensation you deserve. Our team is ready to advocate for your case from day one.
