What is Strict Liability in California?
Strict liability is an important legal term that you should be aware of as it can apply to anyone in California who is either injured by another person’s negligence, or could have drastic implications for people who are found responsible for injuries to another. In this article, you will find out what exactly is meant by strict liability in the context of California laws. Also, you will find out how this doctrine affects a personal injury case in the state.
What is meant by Strict Liability in California?
State laws in the U.S. differ as to when an individual or company at fault is liable for personal injuries. Some laws state that liability arises only if it proved that the defendant acted unreasonably or negligently. On the other hand, there are some states that require the entity liable for an injury to compensate the victim regardless of the fault, which is also known as strict liability.
In California, the strict liability clause applies whereby the guilty person is liable regardless of the fact that reasonable precautions were taken to prevent the attack.
Examples of Strict Liability
If a person gets injured by tripping in a store, he or she does not have to prove fault to get compensation. California strict liability laws make the store owner liable for any injuries that occur within the premises. The store owner must compensate the victim for the injury without the need of proving guilt.
In addition, if an individual is bitten by a dog, the victim does not have to show fault of the dog owner to claim compensation. The dog owner can’t deny that liability on the grounds that the victim provoked the attack, the dog had not acted aggressively in the past, or that necessary precautions were taken to avoid an attack. Since the state has strict liability laws, proving the fault of the dog owner is not required.
Another example when the strict liability clause applies is in the case of defective products. If a manufacturer distributes defective products, the injured persons can claim compensation. There is no need to prove whether the manufacturer had willfully disregarded the safety of the customers. The fact that the product defect resulted in an injury makes the manufacturer liable for the injuries.
Should You Hire a Personal Injury Attorney?
Despite the strict liability clause, hiring a personal injury attorney is still important. The reason is that you still have to prove that the defendant was responsible for the injury. In other words, the court must be convinced that the injury occurred due to the defective product or the debilitating physical and emotional pain was caused due to a dog bite or tripping in the store or getting hurt on a trampoline.
A professional attorney will marshal the evidence to prove the fault without a reasonable doubt. In addition, the attorney will make sure that you receive the maximum possible compensation for your injuries.