YEARS OF PERSONAL EXPERIENCE
RATING ON
GOOGLE REVIEWS
CASES AND
CLIENTS
IN SETTLEMENTS & VERDICTS
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.
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.
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.
For a plaintiff to establish a strict liability claim, they must typically prove the following elements:
This includes manufacturing a defective product, keeping a dangerous animal, or engaging in inherently hazardous activities.
There must be a direct link between the defendant’s actions and the plaintiff’s injuries.
The injured party must demonstrate they sustained physical, emotional, or financial harm.
Strict liability typically falls into three primary categories:
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.
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.
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.
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 claims hinge on proving the defendant’s fault.
The plaintiff must demonstrate that the defendant owed them a duty of care, a legal obligation to act reasonably to avoid harming others.
The plaintiff must then show that the defendant breached this duty by failing to act as a reasonable person would in similar circumstances.
Finally, the plaintiff must establish a causal link between the defendant’s breach of duty and their injuries.
In contrast, strict liability does not require proof of fault. Instead, it focuses on the action or product itself and the harm it caused.
The plaintiff must still prove that the defendant’s action or product caused their injuries.
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. Negligence | Strict Liability | Negligence |
Fault Requirement | Not required | Required |
Primary Focus | Defendant’s actions or product | Defendant’s level of care |
Common Examples | Defective products, dog bites, hazardous activities | Car accidents, medical malpractice |
Strict liability is often applied in cases involving:
Activities that are inherently dangerous, such as using explosives or keeping wild animals, may be subject to strict liability.
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.
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.
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.
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 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
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
There are several potential defenses that can be used against a strict liability claim:
If the injured party was aware of the risk and willingly chose to accept it, they may be unable to recover damages.
If the product was used in a way that was not intended or reasonably foreseeable by the manufacturer, it may not be held liable.
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.
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.
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.
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.
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.
Strict liability often applies in cases involving:
Strict liability can benefit injured parties by:
While strict liability can be challenging to defend against, some possible defenses include:
If you’ve been injured in a situation where strict liability may apply, a personal injury lawyer can:
Represent You in Court: If a settlement cannot be reached, a lawyer can represent you and fight for your right to compensation.
CAR ACCIDENT SETTLEMENT
PEDESTRIAN SETTLEMENT
SPINAL CORD INJURY
PEDESTRIAN ACCIDENT
CAR ACCIDENT SETTLEMENT
CAR ACCIDENT SETTLEMENT
MOTORCYCLE ACCIDENT
SLIP & FALL SETTLEMENT
LONG-TERM DISABILITY
“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