Strict Liability vs. Negligence Claims in Malden

When a person suffers an injury as a result of another party’s actions, the injured party maintains the right to hold the responsible party liable for their damages. In order to do so, the injured party will bring forth a personal injury claim and allege that a tort–an act or omission that amounts to a civil wrong–has occurred. There are three different types of torts: intentional torts, negligence torts, and strict liability torts. Here’s an overview of the primary distinctions between strict liability and negligence torts in a personal injury claim–

What Is Strict Liability?

In a strict liability tort, the defendant can be held liable for the plaintiff’s injuries based on the nature of the tort alone; the plaintiff will not need to prove the defendant’s negligence in order to recover damages (as is required in the majority of personal injury claims). Strict liability most often applies in cases involving the possession of certain animals, unreasonably dangerous activities, and products liability claims. 

Types of Strict Liability Torts

In Massachusetts, the most familiar type of strict liability tort is a dog bite claim. Per Massachusetts’ statute, the owner of a dog can be held strictly liable for harm that their dog causes to another if the injured person was not trespassing, committing another tort, or tormenting the dog at the time of the attack. In addition to dog bite claims, strict tort liability may also apply in claims involving defectively manufactured products. 

What Is Negligence? 

Most personal injury claims are brought under the theory of negligence. Negligence means the failure to exercise a reasonable degree of care for a given situation, and the same degree of care that another person of ordinary prudence would exercise. If you have been injured by another’s action or inaction, you most likely have a negligence tort. 

Types of Negligence Claims

The list of potential negligence claims is long, and includes car accidents, slip and falls, premises liability, pedestrian and bicycle accidents, and wrongful death claims. 

Our Personal Injury Lawyers Can Help

If you’ve been injured in an accident type that you believe would not have happened but for the actions or inactions of another party, you may have a personal injury claim. Our lawyers at The Law Offices of Alan Hildreth King & Associates can investigate your case and make a determination about whether or not your claim is viable, as well as whether you should pursue a negligence or strict liability action. We can also manage gathering evidence, hiring experts, and the entirety of the case-building process on your behalf. Finally, our lawyers will also calculate your damages and negotiate your settlement, too. 

Call Today for Your Free Consultation

To schedule a free consultation with our personal injury lawyers, please call our office directly or send us a message today. Working with an experienced personal injury lawyer may significantly improve the outcome of your personal injury case.

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