What is Strict Liability?

How Does Strict Liability Apply in Personal Injury Cases?

Most personal injury cases are based on negligence. However, strict liability laws allow victims to recover compensation even when the party responsible for the harm wasn’t negligent.

Generally, in California, you may be able to obtain compensation under the theory of strict liability in two main situations:

• You were injured by a defective product
• You were bit by a dog

You may not have to prove negligence in these cases, but that doesn’t mean that getting money for physical injuries, lost wages, and pain and suffering will be easy. There are still legal standards that must be met. And you’ll still have to justify the expenses associated with your injuries or property damage.

Strict Liability for Dog Bites

Under California’s dog bite law, a dog’s owner is liable for damages for someone bitten by the dog if:

• The bite occurs in a public place
• The bite occurs while the victim is lawfully on private property, including the owner’s property

The dog owner is held liable regardless of the dog’s past vicious behavior or the owner’s knowledge of that behavior. This is different from states with a “one-bite rule,” which could allow an owner off the hook if they weren’t aware that their dog was aggressive.

There may be exceptions, as in any injury case. For example, if a police officer’s dog bit you while you were being pursued for a crime, you can’t sue the city police department.

Strict Liability for Defective Products

Recalls get some dangerous products off the market, but often not before harm or death is caused. In 2019, one study found that the number of child deaths caused by harmful products prior to recall was the highest in 19 years. But many non-recalled hazardous products remain on shelves every day in department stores and home improvement stores.

In general, a victim injured by a defective product may be able to receive compensation if:

• The defendant manufactured, distributed, or sold a product that
• Contained a design defect;
• Contained a manufacturing defect; or
• Had inadequate warnings or instructions.

Under California’s strict liability law, a defendant can be held financially responsible for injuries caused by a defective product even if all due care was taken in the manufacturing, distribution, and marketing process.

However, this doesn’t mean that you won’t have obstacles to recovering compensation if you’re injured by a defective product. These cases are often complex due to the number of parties involved in the process of getting a product on the market. Many product liability cases involve some combination of negligence and strict liability theories.