When someone is liable after an accident, they can be held legally responsible for all the damages they caused. Liability in most personal injury claims is based on negligence. This means that someone’s careless behavior caused another person to get hurt.
However, strict liability is very different. Strict liability applies to situations that are so inherently dangerous that anyone engaging in that behavior can be held liable for any damages that occur, even if they were not careless.
Put another way, strict liability imposes liability on someone even if they are not at fault. Keep reading to learn all the details about strict liability and how it could affect your personal injury claim.
What Is Liability?
Liability exists in a personal injury claim when someone else can be held responsible for your injuries. Someone could potentially be held liable for their actions or their inaction in certain situations. Liable parties in personal injury claims are often required to pay damages. This means that they must compensate the victim for any injuries or other losses they suffered.
Understanding Liability in Alabama Personal Injury Claims
Most personal injury claims in Alabama are based on negligence. To establish liability in a negligence claim, you must show:
- Duty of care: The defendant had a legal duty to act reasonably to prevent others from being harmed.
- Breach of duty: The defendant acted unreasonably under the circumstances.
- Causation: Your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
- Damages: You suffered some actual damages, such as physical injuries, medical bills, or more.
If you can prove all four of these legal elements, you will likely be successful with your negligence claim. Strict liability does not require proving that the defendant owed you a duty of care or that they breached that duty. You simply need to show that they engaged in a specific activity and that you were injured as a result.
Common Examples of Strict Liability Scenarios
There are several scenarios in which a victim may use strict liability to hold a defendant accountable for their injuries.
Some of the most common situations are:
Blasting and Other Inherently Dangerous Activities
Alabama recognizes strict liability in some cases involving blasting because using explosives is considered an inherently dangerous activity. Even when a contractor follows proper safety procedures, they may still be responsible for damage caused by the blasting.
For example, if explosives used during a construction project damage a neighboring home or business, the company performing the work may be liable for those losses, even if it was not negligent.
Outside of limited situations like blasting, Alabama generally requires injured parties to prove negligence rather than relying on strict liability.
Dog Bite Claims
Alabama does not impose strict liability for every dog bite. Instead, whether a dog owner can be held responsible depends on the circumstances of the attack.
In some situations, Alabama’s dog bite statute allows an injured person to recover compensation when a bite occurs on property owned or controlled by the dog’s owner or after the victim is pursued from that property. In other cases, the injured person may need to prove that the owner knew the dog had dangerous tendencies or failed to exercise reasonable care in controlling the animal.
Because the law varies depending on the facts of the case, it’s important to understand which legal standard applies before pursuing a claim.
Defective Products
If you are injured by a defective product, you may have a claim against the manufacturer, distributor, or seller. However, Alabama handles these cases differently from many other states.
Instead of following traditional strict products liability, Alabama uses the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD). Under this doctrine, an injured consumer generally must show that the product was defective and unreasonably dangerous when it left the defendant’s control and that the defect caused the injury.
Defective product cases commonly involve:
- Design defects
- Manufacturing defects
- Inadequate warnings or instructions
These cases can be complex and often require technical evidence. An experienced product liability attorney can evaluate your claim and explain your legal options.
What Types of Damages Are Available in Strict Liability Cases?
The damages available in strict liability cases are the same as those available in other personal injury claims.
This includes both economic and non-economic damages, such as:
- Medical bills
- Lost wages and benefits
- Out-of-pocket expenses
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of quality of life
- PTSD
- Permanent disability
There is generally no limit to the amount of compensatory damages that may be awarded in these cases. Victims can recover the full amount of their damages.
Get Help From a Birmingham Personal Injury Lawyer at Belt, Bruner & Barnett Personal Injury Lawyers Today
If you have questions about strict liability, the experienced team at Belt, Bruner & Barnett Personal Injury Lawyers is here for you. With more than 93 years of combined experience, we know what it takes to win even the most complex injury claims.
We can help you determine whether strict liability applies to your accident, and we will fight to maximize your compensation. Contact us today at (205) 973-6417 to schedule a free consultation with a Birmingham personal injury lawyer who is ready to help.