Personal injury and strict liability theory

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Under the personal injury strict liability theory, the defendant is held responsible for your injuries and damages, without taking into consideration if he was careless or not. This means you don’t have to prove that the defendant was negligent for your personal injuries. Here in these cases, the doctrine of ‘liability without fault’ applies in the following personal injury cases.

  • Animals: strict liability applies to cases such as damages caused to the property from trespassing livestock or injury caused by wild animals, even it utmost care was exercised by the owners and keepers. The most common example of personal injuries caused by animals is the dog attack. Many states including Texas has passed strict liability status that holds the owner strictly liable for personal injuries caused by dog bites even if the owner had no idea if the dog could act viciously.
  • Abnormally dangerous activities: If the nature of activity is extremely dangerous. The person who engages in such activity can be held strictly liable if someone is injured as a result of that dangerous activity, even is reasonable care is exercised. Some examples include storage of explosives and flammable liquids, crop dusting or fumigation or storage of hazardous waste sites.
  • Products liability: The most prevalent strict liability cases are those involving defective product. Under the personal injury strict liability theory, a manufacturer or seller can be held liable for placing a defective product in the hands of a customer. When a defective product causes injuries there are several responsible parties that include the manufacturer of the product, the manufacturer of the component or part of the product, the wholesaler, the retail store or any one who assembled of installed the product. Some cases of product liability include:
  1. <u>Regular course of business</u>: The sale of product must be made in the seller’s regular course of business. Therefore some selling a product in his garage sale wouldn’t be liable.
  2. <u>Foreseeable victims</u>: The purchaser of the party isn’t the only party who can bring a personal injury legal action based on product quality. Any person who could have been forcibly injured by the defective product can recover for injuries caused by the defect. However, in such cases it must be shown that the product was defective and that the defect made the product unreasonably dangerous for its intended use. Types of defects: Generally there are three types of defects:
  1. Defects that are present in the design of the product.
  2. Defects that occur in the assembly of the manufacturing process.
  3. Marketing defects like improper labeling, insufficient instructions or inadequate safety warnings.

Under all such circumstances you certainly need an experienced and qualified injury lawyer in Garland TX, who can let you know your interests and rights and help you fight for your claims. He will be your representative in the court and will prove in every way how seriously you have been offended by somebody else’s error and you have the right to compensation from the defendant.


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