If you've been injured, chances are high that any lawsuit you file for damages will be based on a legal theory of negligence-that the person who caused the injury did not act as a reasonable person would, and thereby caused you actual losses. But there are situations where you don't have to show negligence. In these instances, the concept of strict, or absolute, liability may apply.
Strict liability is a legal principle that starts with the assumption that certain activities are inherently dangerous, and that anyone who chooses to engage in those activities must accept the risk of injury. Some of the more common activities that give rise to strict liability are:
- The manufacture, sale, transportation and distribution of explosives (and fireworks, in many states), or engaging in any other abnormally dangerous activity, such as storing or dealing with hazardous wastes, transporting dangerous chemicals and even performing controlled burns
- Ownership or possession of wild or undomesticated animals-This is typically applied in situations where the defendant owned an aggressive and unusual animal, such as a tiger, snake or other type of predator, although some states have imposed strict liability in dog bite cases, particularly when the owner knew or should have known of the canine's aggressive behavior. The principle has also been applied to injuries caused by livestock, including horses.
- Certain types of product liability
With strict liability, the basis for a lawsuit is always violation of a statute.
Contact the Personal Injury Attorneys at Mallon & Tranger
We offer a free initial consultation to anyone who has suffered any type of personal injury. To set up a meeting, contact us online or call us at 732-702-0333 (toll free at ) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.