This doctrine is in place to ensure responsibility. Strict liability applies when a party is held liable for their actions or product, without the plaintiff having to prove negligence or fault. The law was specially drafted in a way that the plaintiff is guilty no matter how many cautionary applications he used or safety requirements he took regarding that product or animal. Do you think you have been wronged in this aspect? No need to search for “personal injury Delray Beach.” Zappitell Law Firm, LLC is just a phone call away.
When Does Strict Liability Apply?
Strict liability could result from animal bites. This is when an animal owner is strictly liable for whatever damages his animal caused. Now in some states, this is mainly restricted to wild animals. The only time a person who keeps domestic animals can be strictly liable is when he was aware beforehand that the domestic animals are likely to be dangerous. However, new state laws have been put in place that allows a party to be strictly liable if the animal did such a thing as minor as trespass on land or property. It is important to note that in the case of a wild animal, the party responsible for it will be strictly liable even if the animal has never displayed any sort of dangerous behavior.
Dangerous Or Hazardous Situations
This is when the defendant performs a dangerous activity, and the plaintiff is injured in the process. The defendant will be strictly liable if it is proven that the injury of the plaintiff is directly a result of the dangerous activity the defendant was performing. The plaintiff must also be able to prove that the defendant could have seen the injury coming while performing this activity. It must also be proven that the defendant’s activity was the main cause of the plaintiff’s injury. If you need lawyers for this in Florida and you have been searching for “personal injury Delray Beach” then you need to stop by and give us a try.
This is when the manufacturer or producer of a product is strictly liable for whatever harm the product causes the consumer.
The rule of strict liability also applies in breach of warranty. If the manufacturer or the seller of a product guarantees that a product will perform a certain action and the product did not, the seller or manufacturer will be strictly liable for the product.
There are a few defenses that the defendant can apply as long as he can prove them. Defenses such as assumption of risk, which means that the plaintiff himself must have been aware of the danger the activity poses to him but still chose to take the risk anyway. If the plaintiff suffers a personal injury in the process, the defendant would not be strictly liable. In cases of product liability, the manufacturer can defend himself if he can prove that he complied with the federal regulations regarding the product.
If you think you have been personally injured and you need reliable personal injury Delray Beach lawyers, then you are on the right track. Contact Zappitell Law Firm, LLC, to know more about strict liability and if you can apply it.