What is the Difference Between Negligence and Strict Liability in Personal Injury Cases?

Getting hurt in an accident in San Marcos, or because you used a consumer product or interacted with a neighbor’s dog, can be devastating under any circumstances. Nobody should have to suffer this kind of harm, yet personal injuries are common and can vary in terms of their severity. No matter what kind of injury you sustained, it is important to know that you may be able to seek compensation so that you can pay your medical bills and get the health care you need, as well as pay your household expenses at a time when your injury is preventing you from working.

In general, most personal injury lawsuits in Southern California will either be negligence or strict liability claims. Our San Marcos personal injury lawyers can explain the difference and how the distinctions will determine what elements you need to prove in order to win your case.

Theories of Liability in California Personal Injury Cases

The two common theories of liability in personal injury lawsuits in Southern California are negligence and strict liability. The theory of liability you will use for your personal injury case will depend on the nature of the injury — how, where, and why the injury occurred. We know that these terms of negligence and strict liability can be confusing if you have never encountered them before, and we want to explain in more detail what each of them involves.

Strict Liability in Limited Types of Personal Injury Claims

What is strict liability? First, you should know that this theory of liability is typically only relevant to two types of personal injury cases: those involving injuries due to product defects and those involving injuries due to dog bites.

With strict liability cases, there is no need to prove that a defendant behaved negligently. In other words, you do not have to prove that the defendant was careless and caused your injury. Instead, the mere fact of the defendant’s connection to the cause of your injury is enough for the defendant to be liable. What do we mean, exactly?

In a product defect injury case, you only need to prove that the designer, manufacturer, or marketer designed, manufactured, or marketed the product and that a defect resulted in the injury. Even if the defendant did not know about the defect and did not act carelessly in any way, they can be held accountable. Similarly, in dog bite cases, the mere fact of owning a dog is enough for a dog owner to be liable for a dog bite, even if there was no history of the dog attacking or any knowledge that the dog might be dangerous.

Negligence Claims in Personal Injury Law

Most other types of personal injury claims are brought under the theory of negligence. In a negligence claim, you must prove that a defendant’s careless act or omission caused your injury. Under California law, you must prove the following specific elements:

• Defendant was negligent;
• You were harmed; and
• Defendant’s negligence was a substantial factor in causing your harm.

Contact a San Marcos Personal Injury Lawyer Today

If you or someone you love sustained a personal injury because of another party’s negligence or wrongdoing or due to a product defect or animal attack, you may be able to file a personal injury lawsuit. As we have discussed above, the elements that you will need to prove to win your personal injury claim will depend on the type of case and whether it is a negligence or strict liability claim. But do not worry: we know these distinctions can be complex, and our experienced San Marcos personal injury attorneys are here to help. We can speak with you today to learn more about the details surrounding your injury, and we can provide you with detailed information about your options for seeking compensation. Contact the Walton Law Firm / North County Injury Lawyers today to begin working with us on your personal injury case.

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