Strict liability is a legal doctrine under which a defendant may be held liable for an injury even if the defendant was not negligent or at fault for causing the injury.
California law recognizes strict liability under two circumstances:
- When the defendant has manufactured, distributed or sold a defective product that injures the plaintiff, or
- When a domestic animal with known dangerous tendencies harms the plaintiff.
We discuss each of these situations specifically in our articles on:
Why do I need a lawyer if the defendant is strictly liable?
Winning a case at trial or obtaining a favorable settlement still requires proving that the plaintiff was injured and that the defendant was legally responsible for an injury.
In the product liability setting, this means proving that the product was defective when it left the defendant’s possession.
In the context of a dog bite or other harm from an animal, it often means proving the animal was not provoked.
A lawyer can help establish these elements as well as help a plaintiff prove compensatory damages for:
Your lawyer may also be able to help you recover punitive damages if the defendant was reckless.
Injured by a dangerous product or animal? Call us for help…
If you’ve been hurt by a dangerous product or bitten by a dog in California, someone else may owe you money.
Call us to discuss your case with a knowledgeable California personal injury lawyer.
You can also ask us about “strict liability” in Nevada. And see our article on strict liability vs negligence.