Personal Injury and Strict Liability

By dtaw on September 16, 2019

A gavel and a law bookIf you or a loved one has been seriously injured, it’s extremely important that you contact a skilled personal injury attorney. They can help you seek damages for the harm caused and losses related to the incident. The team at the Tawwater Law Firm is here to help.

In most personal injury cases, negligence or intention needs to be established to build a case. In some instances, strict liability applies instead. The the team at our Oklahoma City, OK law firm would like to discuss what this means and how it may apply to your case.

Strict Liability Defined

Strict liability means that a person or party is considered liable for an injury or death even if the harmful incident was not caused intentionally.

This differs from traditional injury litigation in that fault an intent does not have to have be proven. It’s especially important for certain cases in which intent or negligence are immaterial with regard to the nature of the injury.

Cases in Which Strict Liability Applies

Given the nature of strict liability, it only applies to certain kinds of incidents. They are as follows:

  • Product liability cases
  • Dog bite and animal attack cases
  • Extremely dangerous or harmful activities

Strict Liability and Defective Products

Strict liability is most commonly applied to product liability cases. In fact, many of the defective product injuries we see at our Oklahoma City law firm involve strict liability arguments. In such instances, there is no need to argue that a product defect was the result of intentional action or negligence, but rather than the product defect was simply the cause of serious injury or harm.

Strict Liability and Dog Bites

In the state of Oklahoma, strict liability also applies to dog bites and animal attacks of all kinds. The intent of an animal is immaterial with regard to attacks or incidents, which is why the owner of a pet must be held responsible for any injuries or harm that their animal has caused. This is particularly true if the animal was not supervised or on a leash at the time of the attack.

Strict Liability and Ultrahazardous Activities

Ultrahazardous and extremely dangerous activities are unique situations in which a plaintiff in a case is injured because of the extraordinary danger that a defendant contributed to. These kinds of cases typically involve explosive material, exposure to hazardous chemicals, or the transportation of toxic substances.

When such actions are inherently dangerous or harmful, strict liability may apply to the person who subjects an injury victim to such a situation.

How Our Attorneys Can Help

Determining how to approach an injury case takes years of experience, and real know-how with regard to laws on the books and how they should apply to injury cases. If you have been injured by a defective product, in an animal attack, or as a result of an extremely dangerous situation, it’s of the utmost importance that you speak with our lawyers. We can determine how best to approach your case.

Learn More About Strict Liability

The Tawwater Law Firm is here to help. For more information about your legal options after a serious accident, contact our trusted team of personal injury attorneys. You can reach our legal office in Oklahoma City by phone at (405) 673-8021.

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