When a personal injury claim is filed, it’s up to the plaintiff to provide enough proof that the defendant did intentionally cause the accident that resulted in the injury received. The injured person in a case is the plaintiff and the defendant are the one who acted in intentional or a neglectful manner.
However, it’s not always this simple. There are certain cases that will need to be proven in order to determine that the party responsible for the injury or accident acted in an intentional way, violating the standard of care.Strict Liability claims is not a reason to excuse the individual for the injured individual to not have to be responsible to some degree.
Strict Liability for Inherently Dangerous Actions
Strict liability includes cases that involve a high degree of proof that the injured person suffered due to some type of neglect or intentional action, such as using explosive chemicals or transporting substances that are known to be toxic. When either one of these are used, and an injury occurs to another person, the courts may then apply the strict liability claim doctrine when the plaintiff can show that the chemical explosion or the toxic substance was being used by the defendant at the time of the accident.
Strict Liability and Violation of Laws
In cases of an automobile accident, it normally needs to be proven that the defendant is the one that is responsible for the accident occurring due to not following the law. If after an automobile accident occurred, law enforcement issued the other party a citation for a traffic violation that caused the accident or contributed to the accident, then this may be all that is needed in order for the plaintiff to win the case.
Strict Product Liability
There are also strict liability laws for products as well. If you or someone you love has suffered an injury due to a product malfunction, then your personal injury lawyer in St John’s will most likely sue the manufacturer that made the product and you will most likely need to provide proof that the accident occurred because of that particular product not working as it should. The only proof needed is that the product was defective, and injuries occurred because of it. You would not need to provide any more proof other than that.
Establishing Strict Liability Isn’t Enough
Once the courts decide that strict liability has been established, it is still required that the plaintiff show that the responsible party had actions that caused you harm on some degree and that the harm caused by meant to cause harm or damage. If the product that you were using caused an injury, then you will need to determine that the manufacturer was purposefully causing that injury to the consumer as well. Having a good personal injury lawyer will make this type of case easier because they have the experience and knowledge to know how to approach consumer accidents and product malfunction.