Strict Liability - Elements
Strict liability includes actions where the Defendant is held liable for harm they cause, regardless of intent. If someone's product, animal, or ultrahazardous activity causes harm, they may be liable under strict liability.
To win a strict liability case in court, you most show that the legal elements are true
Common types of strict liability cases:
Product Liability: Defective product manufacturing, distribution, or sale causing harm to the user.
Animal Liability: Ownership or control of an animal resulting in harm to a person or their property.
See claims for damages due to dog bites.
See claims for damages caused by wild animals.
See claims for damages caused by domestic animals with dangerous propensities.
Ultrahazardous Activities: Involves engaging in high-risk activities such as handling explosives or storing hazardous chemicals that result in harm to others.
🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.
Elements for Product Liability
Design Defect Claim
- Control: The Defendant was involved in the product's manufacture, distribution, or sale.
- Defect: The product did not perform as expected when used in an intended or reasonably foreseeable way.
- Harm: You were harmed, and the product's failure to perform safely contributed significantly to your harm.
Example
You bought a lamp for your living room with a glass lampshade. After turning it on for the first time, the glass shattered after about 20 minutes. Shards fell on a nearby valuable vase, destroying it. The glass also damaged your hand when collecting the shards. Seeking damages for the vase and medical bills.
Manufacturing Defect
- Control: The Defendant manufactured, distributed, or sold the product.
- Defect: When the product left the Defendant’s possession, it contained a manufacturing defect: the product differed from the manufacturer’s design or specifications or from other typical units of the same product line.
- Foreseeable Use: You used the product in an intended or reasonably foreseeable manner.
- Harm: You were harmed, and the product’s defect was a substantial factor in causing you harm.
Example
You bought a car in August with a four-wheel drive system to help you drive well in snowy conditions. In November, your car skidded on the ice, hitting a tree. This incident caused a concussion when you hit your head on the steering wheel. Upon inspection by the mechanic, a defect in the four-wheel drive system was discovered. Now, you are pursuing compensation for medical expenses related to the concussion treatment and car repair bills.
Elements for Animal Liability
Damages caused by Dog Bite
- Ownership: The Defendant owned a dog.
- Conduct: The Defendant's dog bit you in a public place or on private property.
- Harm: You were harmed, and the dog contributed to causing you harm.
Example
A neighbor on your street ignores leash laws and lets their dog off-leash in the neighborhood. Their dog attacked you and your dog while you were walking, resulting in minor injuries for you and major injuries for your dog. Your dog now needs professional training to interact with other dogs.
Damages Caused by Wild Animals
- Ownership/Control: The Defendant owned a dangerous animal.
- Harm: You were harmed, and the animal caused the harm.
Example
The Defendant, your neighbor, kept a tiger in a cage in their backyard. The tiger escaped and attacked you while you were out on a walk in the neighborhood. You are seeking damages for your medical bills.
Damages Caused by Domestic Animal with Dangerous Propensities
- Ownership/Control: The Defendant owned, kept, or controlled the animal.
- Unusually Dangerous: The animal had an unusually dangerous nature or tendency, and before you were injured, the Defendant knew or should have known that the animal had this nature or tendency.
- Harm: You were harmed, and the animal’s nature or tendency was a substantial factor in causing you harm.
Example
The Defendant had recently moved into your neighborhood with a dog that they kept in their backyard. During a picnic in their backyard, the dog, known for biting neighbors in the past, lunged at you, causing you to fall and injure your hand. Seeking damages for medical expenses.
Elements for Ultrahazardous Activities
- Conduct: Defendant engaged in ultrahazardous activity.
- Harm: You were harmed, and Defendant’s ultrahazardous activity was a substantial factor in causing harm.
- Anticipation from Risk: Your harm was the kind anticipated from the risk created by ultrahazardous activity.
Example
You were awoken by an explosion near your home at night. A commercial building on your block was on fire. It was caused by chemicals stored by a company renting the building. After a few days, you had health issues and seek damages for medical care.