Hurt in an accident? You have the right to seek compensation for your damages from the at-fault party. To hold them responsible, you must prove fault. The standard of liability can have a big impact on your case. Some cases are subject to strict liability. However, that is not true for most types of personal injury claims in Missouri and Kansas. Here our Kansas City personal injury attorney provides a comprehensive guide to strict liability.
Strict Liability: Defined
The Legal Information Institute defines strict liability as “exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.” It may be an issue in both civil law (personal injury) and criminal law. In the context of a tort claim, strict liability means that a defendant can be held responsible for an accident even without a finding of negligence.
Most Personal Injury Claims are Negligence Cases, Not Strict Liability Claims
It is important to emphasize that defendants are generally not strictly liable for an accident. Instead, most personal injury cases—from car crashes to truck accidents to slip and falls—are based on the legal theory of negligence. Negligence is defined as the failure to exercise a reasonable standard of care. It is a higher burden of proof to establish fault than strict liability. To prove fault in a negligence claim, the victim must satisfy the following four elements:
- The defendant owed a duty of care;
- The defendant breached its duty of care;
- The breach of care caused the accident; and
- The victim suffered actual harm.
Know the Exceptions in Missouri and Kansas
Although you generally need to prove negligence in order to bring a successful personal injury claim, there are some exceptions. In both Missouri and Kansas, strict liability may apply in the following situations:
- Product Liability: In Missouri and Kansas, dangerous and defective product claims are subject to a strict liability standard. If a person is harmed due to a product defect, the manufacturer, distributor, or other responsible party can be held liable even without a finding of negligence.
- Dog Bite Claims (State Specific): In Missouri, dog owners can be held strictly liable if their animal bites an innocent person, and no defense applies. In Kansas, dog owners may be strictly liable for a dog bite, but only if their dog has previously bitten another person or if they otherwise should have known that their animal was dangerously aggressive.
Get Help From a Top-Rated Personal Injury Lawyer in Kansas City
At House Law LLC, our Kansas City personal injury attorney is an aggressive advocate for justice. If you have any questions or concerns about strict liability, we are here to help. Our firm fights for the maximum compensation. Call us now or contact us online to arrange your no-cost, no-strings-attached case review. From our Kansas City office, we fight for the rights of victims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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