Friday, March 17, 2017

A Wrongful Death Attorney Explains the Impact of Strict Liability on California Cases

When people hear the term ‘wrongful death’, it is almost always assumed that the fault solely lies on the defendant. However, under California laws, this may not always be the case. The state is considered one of the greatest proponents of what is commonly called as strict or absolute liability.

What is strict liability?

According to a wrongful death attorney in Los Angeles, a strict liability is the assigning of legal responsibility for damages or injury on the defendant based on the elements of liability.

Strict liability has been imposed solely to guarantee that the injuries caused by a defective product are borne by manufacturers and distributors that put such product for public use, instead of the injured person who cannot protect themselves.

There are three elements to claim strict liability in California. First, that the product was used in the intended or reasonably foreseeable manner; second, the product was already in defective condition when it left the defendant’s possession; and third, the defective product is the legal cause for the plaintiff’s injuries or damages. Read more from this blog: http://bit.ly/2ndpD09

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