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Find Strict Liability Lawyer

Find Strict Liability Lawyer

Strict Liability

In most civil cases, it must be shown that the defendant is liable for a wrong. This not only includes showing that an action occurred, but also that the defendant was intentionally negligent or otherwise had the mental state necessary to commit the civil wrong they are accused of. Sometimes, however, there are cases where the mental state does not matter in order to demonstrate liability.

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Boerst Law Office, Inc.

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15 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Birth Injury, Brain Injury
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SELPH LAW

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15 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Brain Injury, Business Arbitration
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Manaster Law Firm PLLC

25 years in practice
Animal Bites, Brain Injury, Motorcycle Accidents, Personal Injury, Strict Liability
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Herron Law Firm

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26 years in practice
Animal Bites, Auto Accidents, Bad Faith Insurance, Bicycle Accidents, Binding Contracts
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Tario & Associates, P.S.

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45 years in practice
Adoption, Alimony, Animal Bites, Auto Accidents, Bad Faith Insurance
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Craig A. Davis, APLC

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30 years in practice
Animal Bites, Auto Accidents, Bad Faith Insurance, Bicycle Accidents, Birth Injury
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Fault Regardless of Intent

Unlike most forms of liability, strict liability does not care whether or not the defendant has the requisite mental state to be liable. If the wrong occurred as the plaintiff described, then the plaintiff is allowed to collect damages. In civil law there are two major kinds of strict liability: animal attacks and product liability.

Animal Attacks

Animal attacks suppose that some property of the defendant, an animal, caused injury to another person. This could be a domesticated animal such as a dog or cat, or it could be a wild animal such as a cow, duck, pig, or horse. 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 animals get “one free bite.” This means that animals cannot be considered dangerous to humans until they have hurt 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, the plaintiff supposes 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:
- 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.

Giving You The Advocacy You Deserve

If you or a loved one have suffered an accident that results in an injury and want to seek justice under strict liability claims, you will need the help of an experienced criminal defense attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.

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 personal injury law.

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Strict Liability Frequently Asked Questions

1. What is strict liability and how does it differ from other legal liability standards?

Strict liability is a standard that holds a defendant responsible regardless of the intent or mental state of the defendant. This differs from most crimes or civil wrongs where the defendant’s mental state can be a key factor in assessing harm and penalties.

2. What types of cases typically involve strict liability?

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

3. What are the key elements that need to be established to hold someone strictly liable?

In order to show someone is strictly liable, it must be shown that the evidence supports the strict liability claim. For example, in the event of an animal attack it must be shown that the animal did attack someone and the defendant knew that the animal had a proclivity to attack others. 

4. Are there any defenses available in strict liability cases?

The best defense against strict liability is to demonstrate how the case is not actually about strict liability. Due to the nature of strict liability, if the burden of proof is met and strict liability is found to apply then in most cases there is little that can be done. If a defendant is facing strict liability charges they should consult with a personal injury attorney to explore defenses. 

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

The penalties for strict liability vary depending on the penalties for the crime or civil wrong. The more severe the underlying charge, the more severe the fine or penalty. The only thing strict liability impacts is the way that liability can be demonstrated.

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