Wednesday, September 9, 2015

How Strict Liability Affects Personal Injury Cases

When most people think about personal injury law, they think about two groups of people. There are people who are financially liable because their negligence led to someone being injured. On the other side of the coin, there are people who intentionally injured a person through assault, battery, theft or some other criminal activity. They, too, may be found financially liable for the injuries they caused.

In personal injury cases related to construction sites, however, there is a third group of people who did everything possible to avoid causing harm and yet are still held liable for another person’s injury. The doctrine behind this type of case is referred to as strict liability. An example of strict liability is if a person was injured while he was doing a dangerous activity. This is true even if every precaution was taken to make the dangerous activity as safe as possible.

A construction worker, for example, may work installing windows on a skyscraper. The contractors may have followed all safety regulations and installed the appropriate safety gear. Still, if, as a result of “time and unforeseen occurrences,” the worker is injured or died, the contractor may still be held liable for the injury that was caused.

This is one of the reasons why attorneys encourage potential plaintiffs to discuss their case with an attorney regardless of the circumstances surrounding the injury. A plaintiff may be entitled to financial compensation even though they did not realize it.

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