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Strict Liability: Fireworks

How Does Strict Liability Work?

What is Strict Liability?

Most of the time, no one intends to cause harm, but their actions pose an obvious risk. The basis for most personal injury lawsuits is negligence or intentional wrongful conduct. Strict liability is another common basis for personal injury claims. Strict liability is a legal doctrine that holds a party responsible for their actions or products without the plaintiff having to prove negligence or fault.

Even if the defendant took necessary precautions and followed safety requirements, strict liability crimes are unique in that they would still hold the defendant responsible. Due to the nature of the activity, the defendant should be able to foresee that a person could be harmed by it.

Different Categories of Strict Liability

The categories are dangerous and require a high degree of responsibility. The main types of strict liability include:

  • Keeping Wild Animals: A person who keeps wild, vicious, unpredictable animals, knowing the risk, will be held responsible for any harm that the animal may cause another person. Suppose a domesticated dog engages in attacks on people, while the initial attacks might be subject to ordinary negligence. If it happens more than once, the owner is subject to strict liability because the owner should have known that this particular animal is dangerous.
  • Ultra Hazardous Activities: Activities such as transporting volatile chemicals and using explosives are considered “strict liability” by the court when someone is injured. For example, blasting using dynamite or TNT involves a substantial risk of harm. Therefore, the person engaged in that activity assumes full responsibility for its consequences. Crop dusting, fumigating, other mass use of poisons, storing gasoline, burning fields, storing explosives, and digging canals are other activities considered abnormally dangerous.
  • Consumer Product Liability: If a product is defective, causes injury, or manufacturer or seller of a product guarantees (explicitly or implicitly) that a product will behave in a particular manner, and it fails to do so, the manufacturer or seller will be held strictly liable for any resulting injuries.

Winning a Strict Liability Lawsuit

The plaintiff must show the following:

  • Physical proof of injury
  • Prove that the defendant’s actions or product caused the injury
  • The defendant’s activities were unreasonably hazardous, or the defendant had control over the outcome.

We Are Here to Help

If you or a loved one suspect that you have been injured by an activity covered by strict liability, contact professional attorneys to represent you at Edelman, Krasin, & Jaye, PLLC. We offer more than 60 years of combined experience. We have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to bringing the compensation you deserve. Contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and our Live Chat application on our website to have your questions answered.