Houston Personal Injury ATTORNEY

What is Strict Liability in a Personal Injury Lawsuit?

Ryan A Dehoyos Image | Houston Personal Injury Law Firms | DeHoyos Accident Attorneys

10+

YEARS OF PERSONAL EXPERIENCE

5-Star

RATING ON
GOOGLE REVIEWS

1,000+

CASES AND
CLIENTS

$20 M

IN SETTLEMENTS & VERDICTS

What is Strict Liability in a Personal Injury Lawsuit?

A crucial concept to understand when discussing personal injury law is strict liability. Unlike negligence-based claims, strict liability does not require the injured party to prove that the defendant acted carelessly. Instead, liability is imposed regardless of fault. 

Understanding the strict liability in a Personal Injury Lawsuit can help injured victims determine their legal options.

Understanding Strict Liability

Strict liability is a legal doctrine that holds a party responsible for damages or injuries caused by their actions or products, even if they were not negligent. This principle is often applied in cases where public safety is a concern and is used to ensure accountability.

In Texas, strict liability applies in several personal injury cases, including product liability claims, dog bite cases, and certain hazardous activities.

The History and Evolution of Strict Liability

Strict liability has its roots in early English common law, where specific actions were deemed inherently dangerous, and responsibility was imposed regardless of intent. 

Over time, U.S. courts expanded strict liability to include defective products and hazardous activities. 

Today, strict liability laws continue to evolve, particularly in cases involving environmental harm, consumer protection, and public safety.

Elements of Strict Liability

For a plaintiff to establish a strict liability claim, they must typically prove the following elements:

  1. The defendant engaged in an activity subject to strict liability. 

This includes manufacturing a defective product, keeping a dangerous animal, or engaging in inherently hazardous activities.

  1. The activity or product caused the injury.

There must be a direct link between the defendant’s actions and the plaintiff’s injuries.

  1. The plaintiff suffered damages. 

The injured party must demonstrate they sustained physical, emotional, or financial harm.

Three Categories of Strict Liability

Strict liability typically falls into three primary categories:

  1. Product Liability:

Manufacturers and sellers can be held strictly liable for defective products that cause harm to consumers. This includes design defects, manufacturing defects, and inadequate warnings or instructions.

  1. Animal Attacks: 

In Texas, owners of dangerous animals may be held strictly liable if their animal causes injury, particularly if the owner knew of the animal’s aggressive tendencies.

  1. Ultrahazardous Activities: 

Activities such as handling explosives, storing hazardous chemicals, or using dangerous machinery fall under strict liability, meaning the responsible party is held liable for any resulting harm.

How Strict Liability Differs from Negligence

Strict liability differs from negligence in that fault does not need to be proven. In a negligence claim, the plaintiff must establish that the defendant breached a duty of care. 

However, in strict liability cases, the focus is on whether the defendant’s actions or product caused harm, regardless of their intent or caution.

Negligence

Fault-Based: 

Negligence claims hinge on proving the defendant’s fault.

Duty of Care: 

The plaintiff must demonstrate that the defendant owed them a duty of care, a legal obligation to act reasonably to avoid harming others.

Breach of Duty: 

The plaintiff must then show that the defendant breached this duty by failing to act as a reasonable person would in similar circumstances.

Causation: 

Finally, the plaintiff must establish a causal link between the defendant’s breach of duty and their injuries.

Strict Liability

No-Fault Required: 

In contrast, strict liability does not require proof of fault. Instead, it focuses on the action or product itself and the harm it caused.

Causation: 

The plaintiff must still prove that the defendant’s action or product caused their injuries.

Limited Defenses: 

Defenses available in strict liability cases are often limited, and proving that the defendant exercised reasonable care is generally not a valid defense.

Strict Liability vs. NegligenceStrict LiabilityNegligence
Fault RequirementNot requiredRequired
Primary FocusDefendant’s actions or productDefendant’s level of care
Common ExamplesDefective products, dog bites, hazardous activitiesCar accidents, medical malpractice

Strict Liability Applications in a Personal Injury Lawsuit

Strict liability is often applied in cases involving:

Dangerous Activities: 

Activities that are inherently dangerous, such as using explosives or keeping wild animals, may be subject to strict liability.

Defective Products: 

Manufacturers and sellers can be held strictly liable for injuries caused by defective products, even if they were not negligent in the design or manufacturing process.

Rationale for Strict Liability

The rationale behind strict liability is to ensure that those who engage in certain activities or create potentially harmful products bear the costs of the injuries they cause. This encourages them to take extra precautions and develop safer products.

Contact Houston personal injury lawyers at DeHoyos Accident Attorneys to discuss your case and learn about your legal options.

Strict Liability Cases in Texas

Several strict liability cases have shaped personal injury law in Texas. These include product liability lawsuits against major manufacturers and dog bite cases where courts upheld owner responsibility.

Texas law is stringent on product safety, ensuring manufacturers cannot evade liability for defective goods.

Product Liability:

Targets large manufacturers for injuries caused by defective products

Texas law ensures manufacturers are held accountable for harm caused by their products

Protects consumers from unsafe products and incentivizes companies to prioritize safety

Dog Bites:

Dog owners are responsible for injuries inflicted by their dogs, regardless of awareness of the dog’s potential for aggression

Emphasizes responsible pet ownership and ensures victims have a clear path to compensation

Other Strict Liability Cases:

Applies to abnormally dangerous activities (e.g., use of explosives, storage of hazardous materials)

Inherent risk places strict liability on those who engage in the activity

Ensures necessary precautions are taken to prevent harm

Defenses to Strict Liability

There are several potential defenses that can be used against a strict liability claim:

Assumption of Risk: 

If the injured party was aware of the risk and willingly chose to accept it, they may be unable to recover damages.

Product Misuse: 

If the product was used in a way that was not intended or reasonably foreseeable by the manufacturer, it may not be held liable.

Comparative Negligence: 

In some cases, the injured party’s own negligence may be taken into account and can reduce the amount of compensation they receive

If you have been injured and believe that strict liability may apply, it is essential to speak with an experienced personal injury attorney. An attorney can evaluate your case and advise you of your legal rights.

Statute of Limitations for Strict Liability Cases in Texas

The statute of limitations for strict liability cases in Texas varies based on the type of claim:

Product liability claims: Generally, victims have two years from injury to file a lawsuit.

Animal attacks: The two-year statute of limitations applies to dog bite claims.

Hazardous activities: Claims related to dangerous activities also typically follow the two-year limit.

Victims should consult with a legal professional as soon as possible to ensure they file their claims within the required timeframe.

How a Personal Injury Lawyer Can Help

Filing a strict liability claim can be complex, requiring detailed evidence and expert testimony. A skilled Houston personal injury lawyer can help victims gather the necessary proof, negotiate with insurance companies, and take the case to court if needed.

If you or a loved one has been injured due to a defective product, an animal attack, or a hazardous activity, legal help is available. DeHoyos Accident Attorneys has extensive experience handling strict liability cases and is committed to securing the compensation you deserve.

Contact the Houston Personal Injury Lawyers at DeHoyos Accident Attorneys for Help Today!

Understanding strict liability is essential for protecting your rights. If you have been injured by a defective product, dangerous animal, or hazardous activity, you may be entitled to compensation.

 Contact DeHoyos Accident Attorneys today for a free consultation and learn how we can help you navigate the complexities of strict liability claims in Texas.

5 FAQs About Strict Liability in a Personal Injury Lawsuit

1. What is Strict Liability?

Strict liability is a legal concept where a party can be held responsible for damages or injuries even if they were not directly negligent or at fault. In other words, the focus is on the action itself and the resulting harm, rather than the intent or carefulness of the party involved.

2. When Does Strict Liability Apply?

Strict liability often applies in cases involving:

  • Dangerous Activities: Activities that are inherently risky, such as using explosives or keeping wild animals, may fall under strict liability. If someone is injured due to these activities, the person conducting them could be held liable regardless of precautions taken.
  • Product Liability: Manufacturers, distributors, and sellers can be held strictly liable for defective products that cause harm to consumers. This means that if a product is faulty and causes injury, the injured party may not need to prove negligence on the part of the company.
  • Dog Bites: In some jurisdictions, dog owners may be held strictly liable for injuries caused by their dogs, regardless of whether the owner knew the dog was dangerous or took precautions to prevent the bite.

3. What Are the Benefits of Strict Liability?

Strict liability can benefit injured parties by:

  • Easing the Burden of Proof: Injured parties may not need to prove negligence, which can be difficult and time-consuming.
  • Encouraging Safety: Strict liability can incentivize individuals and companies to take extra precautions when engaging in risky activities or manufacturing products.
  • Providing Compensation: Strict liability can ensure that injured parties receive compensation for their losses, even if the responsible party was not directly negligent.

4. What Are the Defenses to Strict Liability?

While strict liability can be challenging to defend against, some possible defenses include:

  • Assumption of Risk: If the injured party knowingly and voluntarily assumed the risk of injury, they may not be able to recover damages under strict liability.
  • Product Misuse: If the injured party used the product in a way that was not intended or foreseeable by the manufacturer, the manufacturer may not be held strictly liable.
  • Comparative Negligence: In some jurisdictions, the injured party’s own negligence may be considered and can reduce the amount of damages they can recover.

5. How Can a Personal Injury Lawyer Help?

If you’ve been injured in a situation where strict liability may apply, a personal injury lawyer can:

  • Assess Your Case: A lawyer can evaluate the circumstances of your injury and determine if strict liability applies.
  • Gather Evidence: A lawyer can collect evidence to support your claim, such as medical records, product documentation, and witness statements.
  • Negotiate with Insurance Companies: A lawyer can handle negotiations with insurance companies on your behalf to seek a fair settlement.

Represent You in Court: If a settlement cannot be reached, a lawyer can represent you and fight for your right to compensation.

$2,000,000

CAR ACCIDENT SETTLEMENT

$1,130,000

PEDESTRIAN SETTLEMENT

$1,100,000

SPINAL CORD INJURY

$955,000

PEDESTRIAN ACCIDENT

$1,300,000

CAR ACCIDENT SETTLEMENT

$980,000

CAR ACCIDENT SETTLEMENT

$960,000

MOTORCYCLE ACCIDENT

$850,000

SLIP & FALL SETTLEMENT

$250,000

LONG-TERM DISABILITY

A personal approach to personal injury in Houston, Texas

“As a client to this Law Firm, I found it to be rewarding base on their work ethics. With there expertise, knowledge, flexibility and being responsive to their client needs. They will see that their client receive the best outcome on there case. There are many people out there that have bad ideas about lawyers, but DeHoyos Accident Attorneys will make sure that you’re not stressed about anything pertaining to your case. I’ll recommend that you seek this Lawyer and Law Firm for any unraveling situation you might face.”

RIDLEY OSBOURNE


“I can’t say enough good things about DeHoyos Accident Attorneys! Mr. Ryan DeHoyos is extremely knowledgeable in his field of Personal Injury. I was injured in a motor vehicle accident last year and Mr. DeHoyos stopped at nothing to get me the compensation I deserved. He kept me updated on my case regularly and guided me to get the medical care I needed. Additionally, his staff is so kind and caring, especially Ashley… Thank you, DeHoyos Accident Attorneys for your professionalism in closing my case…and WINNING big!”

RAVEN DOLBERRY


Get a Free Consultation