Injury Attorney Serving San Diego, CA

Understanding Strict Liability

There are three primary grounds for personal injury claims in California: negligence, intentional wrongdoing and strict liability. Here, we will discuss strict liability. This may be defined as legal responsibility for an injury or loss, regardless of specific intent or negligence. The wrongdoer may be held liable for damages whether or not a specific act or failure to act caused injury to the victim. In the field of personal injury law, strict liability most often applies to cases involving defective products and dog bites.

If you or a loved one was injured, take this opportunity to talk to a San Diego injury attorney who can conduct a complete analysis of your case to determine who or what party can be held accountable. As an experienced trial lawyer and skilled negotiator, Attorney Mark Bush can offer you the guidance and legal representation you need in your strict liability claim. He understands the ins and outs of these cases and can help you prove your case to seek maximum compensation.

The Burden of Proof in a Strict Liability Case

Strict liability claims are somewhat different than other injury claims that are based on negligence or intent. The easiest way to distinguish the difference is to take an example of a claim involving a defective product. The California Supreme Court was actually the first court to adopt strict liability for defective products, in the 1963 case Greenman v. Yuba Power Products. In these cases, the plaintiff (the injured party) does not need to prove that the defendant (the party accused of causing injury) acted or failed to act in a certain way. Rather, they need to prove the following:

• They were injured;
• The product was defective;
• The defect rendered the product unreasonably dangerous; and
• The defect was the proximate (probable) cause of their injury.

The same principle applies to dog bite claims in San Diego and throughout the state, as dog owners may be held strictly liable for injuries that their animals inflict on others. The only exception may be if the victim was trespassing or provoked the dog at the time of the attack.

Lawyer for Strict Liability Claims in San Diego

Approaching your strict liability claim is best done with the experienced help of a San Diego personal injury lawyer who can protect your legal rights and build a compelling case on your behalf. Although you do not need to prove intent or negligence, you will still need to prove that you were injured and that the defendant should be held accountable. You will also need to prove that you suffered quantifiable injury, evidenced by medical expenses, lost earnings or other economic and even non-economic damages. Our law firm has the resources and legal tools to handle all of this.

Contact a San Diego injury attorney at our firm today for help with your strict liability claim.