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Strict Liability Laws

In most civil cases, there is a process that must be followed that connects the mental state of the defendant and their actions to lead to a civil wrong. In some cases, however, there are cases where the mental state of the defendant does not matter in order to demonstrate liability and instead the defendant is found to be strictly liable.

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Roger G. Jain & Associates, P.C.

29 years in practice
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Oliver Bell Group

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AFJ Law Firm PLLC - Personal Injury, Car Accident & Insurance Coverage Law

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AFJ Law Firm PLLC - Personal Injury, Car Accident & Insurance Coverage Law

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4 years in practice
Animal Bites, Auto Accidents, Bad Faith Insurance, Bicycle Accidents, Brain Injury
View Profile

Oliver Bell Group

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25 years in practice
Auto Accidents, Birth Injury, Consumer Privacy Rights, Consumer Rights, Contractor Fraud
View Profile

Roger G. Jain & Associates, P.C.

29 years in practice
Adoption, Advance Healthcare Directives, Alimony, At-Fault Divorce, Binding Contracts
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Fault Regardless of Intent

Unlike most forms of liability, strict liability does not care whether or not the defendant has a negligent or reckless mental state to be found liable. If the wrong occurred as the plaintiff described, then the plaintiff is allowed to collect statutory damages. There are two major kinds of strict liability laws that most states have: animal attack and product liability laws.

Animal Attacks

Animal attack laws operate from the position that some property of the defendant, an animal, caused injury to another person. This could be a domesticated animal or a wild animal as long as it belongs to someone. In either instance since the animal is the property of a human, it is that human’s job to ensure that the animal is safe for people to be around.

Most animal attack laws allow “one free bite.” This means that animals generally cannot be considered dangerous to humans, and therefore make the defendant strictly liable, until they have hurt or threatened at least one person once. After that “one bite” the defendant loses the defense that they didn’t know that the animal is unsafe for people to be around and strict liability comes into effect.

Product Liability

Under strict product liability laws, it is alleged that the defendant put out a fundamentally unsafe or defective product that led to injury. In order to show strict product liability several factors must be shown that prove that the issue that led to the harm was a defect in the product’s design:
- The product was used as intended
- No modification was intended to be made to the product
- The product was unreasonably unsafe at the time it was sold
If these and other factors can be proven, then the defendant may be found liable under strict liability standards.

Protecting Your Rights as a Consumer

If you are seeking to navigate the complexities of strict liability laws, you will need the help of an experienced consumer rights law attorney. A consumer rights law attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice consumer rights law.

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Strict Liability Laws Frequently Asked Questions

1. What is strict liability and how does it apply in legal cases?

Strict liability is a legal standard that holds a defendant responsible regardless of the intent or mental state of the defendant. In a lawsuit, this means it is easier to prove than a typical charge which may require the defendant to have a certain mental state in order to be held liable for wrongdoing. 

2. What types of activities or products typically fall under strict liability laws?

In the civil sphere, there are two main types of strict liability: animal attacks and products liability. In products liability cases, the defendant is being held strictly liable for things that are effectively owned by the plaintiff. In animal attack cases, the defendant is being held accountable for injuries allegedly caused by their property.

3. What are the key elements that need to be established in a strict liability case?

In general, if the facts support a claim of strict liability it is likely to succeed. Under strict liability standards, there must be sufficient to determine that it is more likely than not that the defendant or their product or property caused the alleged harm. If this can be persuasively demonstrated, then a strict liability case is likely to succeed.

4. How does strict liability differ from other legal standards, such as negligence or intentional wrongdoing?

Negligence and intentional wrongdoing both concern the mental state of the defendant when the alleged harm occurred. In an intentional wrongdoing case it must be shown that the defendant intentionally harmed the plaintiff while in a negligence case it must be shown that they were not acting as a reasonable person would and violated their duty of care. However, strict liability does not take into account mental state at all. If the fact pattern matches the plaintiff’s allegation then the defendant’s state of mind is irrelevant.

5. What are the potential consequences or damages in strict liability cases?

As in any other civil case, the most common damages awarded is money. Depending on the severity of the injury or the length of time in which it is expected to impact the plaintiff it may be more or less, but generally the court demands financial compensation for injuries of all kinds. In the cast of an especially harmful practice, the defendant may also have to enter into a consent decree and change some component of how they conduct themselves but this is more common in a settlement agreement than from a successful verdict.

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