Understanding Strict Liability
The concept behind strict liability can be a little confusing at first. A good reason to have an experienced Bakersfield personal injury attorney working with you. It basically states that the defendant can be held responsible for a personal injury regardless of whether or not he or she acted in an unreasonable manner. This means that it is not necessary to prove negligence on the part of the defendant in order to recover. Strict liability is also referred to as the doctrine of “liability without fault”. A Bakersfield personal injury attorney will explain in detail how this kind of case should be carried out.
Strict Liability is often applied in cases involving animals, abnormally dangerous activities or product liabilities. The following examples help to illustrate how this law is applied as well as where and when the help of a Bakersfield personal injury attorney is recommended.
Animals
The details regarding animals have gotten complicated despite best efforts by legislators. A Bakersfield personal injury attorney will have kept up on all changes to these laws and will be an asset to you here.
Dog bites are among the most common cases to apply strict liability. Many states, including California, hold dog owners fully and completely responsible for the actions of their animals. This is true regardless of any prior knowledge the owner may or may not have had regarding their animal’s propensity for violence. The help of a Bakersfield personal injury attorney will be vital for information regarding loop holes in this law. For example, the negligence clause of acting in a reasonable manner is also void in this circumstance. The responsibility of paying the resulting damages from a dog bite belong to the dog’s owner.
Deciding how to proceed can be determined by defining the damages, whether they will cover only the medical expenses or if they will also be applied to any pain and suffering that resulted from the bite. A competent Bakersfield personal injury attorney can make this process smooth and thorough, leaving you time to tend to more important matters.
Another good example of a situation where strict liability is applied to animals is when livestock escapes from its confines and causes damage to people and/or property. By law, the damages should be paid by the owner of the animals regardless of all reasonable effort to ensure the containment of said animals. A specialty Bakersfield personal injury attorney might be best in these cases. Not all animal problems are created equal and the expertise of one Bakersfield personal injury attorney may differ from another Bakersfield personal injury attorney.
Abnormally Dangerous Activity
A person who knowingly stores flammable liquids could be held responsible for their lighting fire and causing damage to people or property. Like in the case of the animals, regardless of reasonable precautions, the liability falls with the owner who decided to take the risk. With the help of a Bakersfield personal injury attorney, you can use this knowledge to help make sure the proper party is held responsible.
A Bakersfield personal injury attorney will assist you in seeing other potential examples where strict liability is applied to storing dangerous substances such as hazardous waste and explosives.
One of the complicated exceptions to the abnormally dangerous activity liability is what is known as “Assumption of the Risk”. Having a Bakersfield personal injury attorney will be key in deciphering whether or not the defendant can use this defense. The assumption of the risk states that the plaintiff knowingly entered into a risky behavior understanding full well the consequences. In the case of the flammable liquids, if the plaintiff had walked into the storage facility with a lit cigaret, acknowledging the signs prohibiting smoking, the owner of the facility would not be held responsible for damages caused by that cigaret. Often the examples are not so clear and require the assistance of a Bakersfield personal injury attorney.
Product Liability
Product liability is the more prevalent and thus has become one of the most complicated. The need for a Bakersfield personal injury attorney is greater here than anywhere else. Product liability is the result of a faulty of defective product that ends up on in the hands of customers.
The product goes through many hands to make it to the customer and a Bakersfield personal injury attorney will help you discover the correct defendant from among engineers, manufactures, component manufactures, wholesalers and retailers.
The potential victims can be the purchaser or any person who could have been foreseeably injured by a product. A Bakersfield personal injury attorney will help you understand that in the second case, the produce has to be proven dangerous in its intended use.
The types of defects to look for are design, assembly and marketing which includes mislabeling, insufficient instructions, or inadequate safety warnings. Be sure to choose a competent Bakersfield personal injury attorney that has experience in product liability. Working with the right Bakersfield personal injury attorney can make all the difference.
