Personal Injury Cases That Get Based On Strict Liability

Traffic accidents caused by someone’s negligence have increased, as drivers try to control a steering wheel and talk on the phone at the same time. Yet not all vehicle accidents result from negligence. Indeed, not every accident has been caused by simple negligence.

Sometimes the person that has filed a personal injury case does not have to show negligence on the part of the defendant.

In that case, the defendant has a strict liability for injuries. That means that the person that caused the injury will be held liable, whether or not that same individual has been shown at-fault, due to his or her negligence. Personal Injury Lawyer in Kitchener knows that this provision does not excuse poor or careless conduct on the part of an injured party. If shown to have been careless, the injured victim could be held partly responsible for any injury. This would reduce the amount of compensation that the injured party would have won otherwise.

The defendant has acted in a way that society would view as inherently dangerous and unreasonable.

If someone decided to start a show of fireworks before an event without any permit, it would be taken as a case of dangerous and unreasonable. In other words, someone had chosen to act in an inherently dangerous and unreasonable manner. If those fireworks had managed to injure anyone, then the person that set them off could be charged with strict liability.

As indicated above some traffic accidents can bring charges of strict liability against the responsible driver. That would be someone that has made a gross violation of the law. For example, a motorist that has chosen to travel at a speed that is far above the speed limit.

The laws governing product liability are another example of strict liability. In that case, the product maker does not have to be shown negligent, or to have carried out an intentional act. Still, as mentioned above the user of a product is expected to be careful. Someone that got injured by failing to follow the product directions would not have a strong case.

One further provision

There might be a time when someone followed the directions and almost got hurt, but found that he or she did not have grounds for a personal injury case. In that instance, the lack of grounds would have resulted from the absence of a recognized injury.

If someone wants to charge another person or company with strict liability, then that possible plaintiff must show that the defendant caused him or her to suffer harm. In the absence of that proof, there are no grounds for introducing a charge of strict liability.