The damages recovered by a personal injury plaintiff may not be reduced in strict liability cases unless their is comparative fault attributed to the the plaintiff for their own injuries.
Continue to read and learn more about strict liability in personal injury claims and lawsuits.
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Strict Liability | Personal Injury Lawsuits
There are certain types of injury producing events that trigger strict liability which include:
Strict Liability | Product Liability
Under strict liability, a party that was a link in the placement of the certain defective product into the stream of commerce may not ordinarily reduce its liability by asking that fault percentages be assigned to other links in the chain; all defendants share one single fault. Learn More
Example Scenario 1: Beds-R-Us, a local Chula Vista furniture retailer sells a defective bunk bed to Maria, a single mother of 2 boys. One of her boys is injured when the ladder of the bunk bed splinters and severely cuts his leg and scars him permanently. The manufacturer is a Chinese company that will not allow itself to be served with the lawsuit. Under strict liability, Beds-R-Us may not point the blame to the Chinese manufacturer.
Strict Liability | Dog Bite
Under strict liability, a dog owner is liable for any injury their dog causes because of a bite irregardless of whether the dog was restrained, running loose, or if the dog had not exhibited any prior dangerous tendencies before the bite. Learn More
Example Scenario 2: Jessica invites her friend Molly and her toddler son over to her La Jolla house. Jessica keeps her small, cute Yorkie inside the house. Molly’s son begins to crawl all over the house while they are talking. The toddler finds the dog, pulls its fur and the dog bites his finger, nearly severing it. Jessica is strictly liable for the injuries her dog caused inside her home because of the bite.
Note: Strict liability is not imposed if the scope of an invitation into the dog owner’s home is exceeded (i.e. a burglar who gets bitten by a dog).
Strict Liability | Aviation Accidents on International Flights
Under strict liability, an airline may not reduce its liability for injury compensation that does not exceed $175,000.00 by pointing the finger at the acts of another passenger. Learn More
Example Scenario 3: Rosa is flying back to San Diego on an international flight. While disembarking, another passenger opens the overhead compartment hitting Rosa on the head when a heavy carry on falls out. Rosa is dazed and confused and suffers a concussion. She has horrendous residual affects which include headaches, nausea and irritability. She seeks $170,000 in damages. The airline is strictly liable and may not introduce evidence of the other passenger’s actions (negligent or not).
Ordaz Law, APC | Strict Liability
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Blog: Personal Injury