Philadelphia Personal Injury Lawyer

Strict Liability

Strict liability refers to the legal concept that finds a person responsible for any injury that may result from his or her actions (or lack thereof), regardless of whether or not they are actually at fault for those actions. Strict liability typically applies when a person or company is engaging in an activity that is inherently “ultra-hazardous”. The definition of “ultra-hazardous” can vary widely, but it generally applies to actions or products which have an extremely high probability of injury.

Most often, this applies to the transportation of hazardous materials or the sale of defective products. In a standard liability lawsuit, there must be some degree of negligence proven. That is, the defendant’s actions must be reasonably likely to result in injury or harm for the suit to be valid. This protects parties from being held liable for “freak accidents”.

For example, if a vehicle were to spontaneously combust and you were injured by the shrapnel, it is doubtful that a claim of negligence would be successful, because it is not reasonably likely that simply driving a vehicle would result in spontaneous combustion.

However, in cases where strict liability applies, the defendant is found liable regardless of whether or not he or she was negligent. If a driver was transporting an ultra-hazardous chemical and his or her vehicle were to spontaneously combust and you were injured by the chemical, you may have a valid injury claim. The driver, in this case, is strictly liable for any injuries caused by transporting the ultra-hazardous chemical, regardless of whether or not he or she was at fault for those injuries.

This article is not intended to serve as, or as a replacement for, legal advice. If you have any questions related to strict liability or negligence lawsuits, contact the Philadelphia personal injury lawyer of Lowenthal & Abrams, P.C. at 215-238-1130.