What are the Differences between Negligence and Strict Liability?

An injured person can initiate a lawsuit for negligence against a person who didn’t exercise a duty of care, but, in the case of strict liability, the plaintiff doesn’t have to demonstrate duty of care. For example, a customer who slips and falls in a store because an employee failed to clean up a spill, the business is legally liable for the injuries the customer has experienced because not cleaning up the spill was negligence.

Strict liability is different and the selling or manufacturing goods that are defective that cause injuries to other individuals is a good example of this type of liability. In this case, there is no level of care that could have rendered the products safe; therefore the resulting injuries are compensated by the entity that is responsible for the dangerous activity that led to the injury. When the matter is product liability, the dangerous activity that contributes to the injury is the manufacturing of a faulty product.

At Brotherly Law, we pursue those responsible in both accidents caused by negligence and strict liability. The fact is that you were injured due to no fault of your own and there is either a person or a company behind that injury. At our firm, you will receive the help of a Philadelphia liability attorney who will hold the responsible party accountable so you can go on with your life.

When Liability Exists

There are cases where liability may or may not exist. For instance, a property owner must keep their property free of dangers so that permitted visitors are not injured. A broken step could cause a person to fall and break their hip. In this case, a duty was not carried out and a person was injured. The duty was to make sure the step was in good repair.

However, if a person was walking up the steps and their misstep is what caused the accident, then the property owner can’t be held liable because there was nothing wrong with the stairs to cause the accident. The same can be said for a company that manufactures a product that is defective. The defect that causes an injury makes the manufacturer and/or the company selling the product liable. If a person misuses the product and they are injured, the manufacturer and/or seller isn’t liable.

Partial Liability

There are times when partial liability may exist because of negligence. However, in the case of strict liability, the party is 100 percent liable for the accident that caused injury. Only in cases of negligence can partial liability stand. This is where the concept of comparative negligence may come in. Under comparative negligence, a party can only recover compensation for the percentage of the injury that was their fault.

Comparative negligence is frequently used in car accident cases, as two drivers can be partially negligent. For instance, one driver may have driven through the red light while the other was driving 20 miles over the speed limit. Had the driver who was speeding been driving the speed limit, they may not have hit the car that ran the red light. Nonetheless, the car that ran the red light shouldn’t have. This causes both parties to be partially responsible.

If the court determines that the driver who ran the red light is 70 percent liable and the other driver is 30 percent liable, then the driver who was 30 percent liable will recover 70 percent of the total damages that are awarded. In strict liability cases, there are no percentages since the responsible party is 100 percent liable. This means 100 percent of the damages are awarded.

Injured Due to No Fault of Your Own? A Philadelphia Liability Attorney can Help

A party can be negligent or strictly liable for your injuries. Either one can warrant a personal injury claim against them so you can recover the compensation that you need to cover medical expenses, lost wages, and other applicable costs. If you have suffered injuries in an accident that was the fault of someone else, you may have a case against them. At Brotherly Law, we evaluate your case and can help you pursue the responsible party for damages. To learn more, call us at (215) 545-8500 or contact us online to schedule a free consultation.