When our personal injury law firm team meets with a victim for the first time, they want to know if they have a strong case. In order to know if they have a case, they need to determine what legal standard applies. Strict liability is one kind of legal standard. Our personal injury attorney team explains strict liability.
What is strict liability?
Strict liability is a legal standard that applies in certain types of personal injury cases. If the case meets the standard to fall under strict liability, the defendant is responsible for the victim’s injuries regardless of their intent. The victim doesn’t have to prove that the defense acted with negligence or intentional misconduct. They typically aren’t required to prove why the accident occurred. Rather, strict liability imposes legal liability on the defendant just because the victim was hurt in an accident.
When does strict liability apply in a personal injury case in Pennsylvania?
Modified strict liability applies in a personal injury case in Pennsylvania for defective product cases. The victim may still have to prove that a product is unreasonable or defective based on consumer expectations or a risk and reward balancing standard. However, they do not have to prove that the defendant acted with negligence or show how the product came to be defective. It is enough that the product is defective in order to impose strict liability in defective product cases.
Winning a strict liability personal injury claim in Pennsylvania
A litigant in a personal injury claim in Pennsylvania should take special care in order to ensure that the jury receives appropriate instructions regarding a defective product case. Changes over the years and rulings in the Tincher and Azzarello cases can lead to conflicting instructions being given to juries on the laws that apply to defective product cases. Pennsylvania law incorporates some elements of negligence in defective product cases. However, when the plaintiff proves those elements, a defendant is strictly liable for the harm that results.
Every litigant should be aware of the nuances that exist in Pennsylvania law with regard to strict liability. A personal injury law firm can ask the court to instruct the jury. Errors in the application of law can lead to appeals and delays which can frustrate a victim. Our attorneys understand the details in the law and work as efficiently as possible in order to get results for the client.
Using strict liability in your favor
Once you determine the legal standard that applies, it’s critical to build the evidence regarding each element of the case. Presenting a strong claim requires facts to address the legal standard whether it is strict liability, negligence or another standard. Our personal injury law firm can assist you with preparing evidence in order to meet the legal standards that apply in your claim. When you work with us, your personal injury attorney reviews each element of the claim in detail and thoroughly builds the evidence to make your case. Contact us today to speak about your claim.