What is a Strict Liability?

Strict liability is a concept that levies legal accountability for injuries even if the person who was found directly liable was not actually at fault or negligent. Strict liability is the basis of one of three potential grounds in case of a personal injury claim. This is defined as a scenario where a party can be held responsible for another’s injuries irrespective of particular intent or negligence. In this case, the injured party does not need to prove that the offender (the person or entity the claim is brought against) acted with intentional delinquency or negligently. In a strict liability claim, the burden of proof that is required may seem somewhat less than a personal injury claim that involves other grounds. It can still be hard to demonstrate that the other party should be held chargeable. It can also be tough to prove the extent of your injuries to help decide a fair settlement or jury award.

Application of Strict Liability in Personal Injury

Strict liability is the inflicting of liability on a party without finding a fault. The Plaintiff only needs to prove that the injury occurred and that the perpetrator was responsible. The law attributes strict liability to situations it considers to be integrally dangerous. It helps to control reckless behavior and unnecessary loss by forcing potential defendants to take every possible provision. It has the beneficial effect of streamlining and thereby accelerating court decisions in these cases, although the application of strict liability may seem unfair.

Under the English law of carelessness and nuisance, even where tortious liability is strict, the offender may sometimes be liable only for the reasonably predictable consequences of his act or mistake.

In a strict liability scenario, although the complainant does not have to demonstrate liability, the perpetrator can raise a defense of absence of culpability, especially in cases of product liability, where the defense may argue that the defect was the result of the accuser's actions and not of the product. That is, no implication of defect should be drawn exclusively because of an accident. If the complainant can prove that the perpetrator knew about the defect before the damages occurred, severe damages can be given to the victim in some jurisdictions.

Also Read: Personal Injury Accident: What does the law say?

What to do when someone claims personal injury against you?

Defenses in Strict Liability

In general, most states have a law of limitations that requires action to be completed within a specific period after the victim revealed or, should have revealed his or her injuries. In some states, there is also a law of repose, which commands an absolute limit on the time within which course of action should be brought, regardless of when the injury was discovered.

In some states, according to product defect lawsuits, a manufacturer that fulfills federal safety regulations may be able to avoid liability under state product liability law.