Proving negligence is an essential component of filing a successful personal injury claim—most of the time. If you were hurt at the hands of someone else, whether directly or indirectly, and your case involves strict liability, though, you are the exception, and negligence is essentially irrelevant when it comes securing compensation for the damages you have incurred.
Strict liability is a legal doctrine that assigns fault in certain scenarios even if the defendant was not acting in a reckless or negligent manner. Every state applies this concept in different ways, but it generally plays a role in cases involving animal bites, situations that are inherently dangerous, and defective products.
If you sustained injuries from an animal bite, contact Eells & Tronvold Law Offices, PLC to determine what you may need to prove in order to secure compensation. There are several firms you can choose from when seeking legal representation, but we are in a league of our own.
Our personal injury team will give your case the care and attention it deserves, and we will work relentlessly on your behalf to negotiate for a fair settlement. Call 319-393-1020 to schedule a free case evaluation with a personal injury attorney in Cedar Rapids.
What Is Strict Liability?
Most of the laws that address liability in the state of Iowa emphasize comparative fault. In cases involving comparative fault, accident victims must prove that the opposing party’s negligence was more than 50 percent responsible for their injuries. Otherwise, they will not be able to secure any compensation for the damages they incurred.
In cases that involve strict liability, though, negligence does not matter. For example, if you are hurt while using a defective product as advertised, you do not have to prove that the manufacturer breached their duty of care when producing the item. In fact, even if the manufacturer exercised care by following all safety protocol at every stage of production, they would still be responsible for the damages you incurred under strict liability.
In order to win such a case, you would still need to prove the product had some kind of defect that was either directly or indirectly responsible for your injuries. Unlike other personal injury claims, though, you would not have to prove that the defect was the result of the manufacturer’s negligence.
What Kinds of Damages Can You Recover by Filing a Claim That Involves Strict Liability?
If you file a personal injury claim that involves strict liability, you may be able to recover compensation for the following damages:
- Medical bills;
- Lost income and lost benefits;
- Loss of earning capacity;
- Pain and suffering; and
- Emotional distress.
In the state of Iowa, plaintiffs may also be eligible to recover punitive damages in certain cases. While the compensatory damages listed above are meant to help accident victims cover the costs associated with treating their injuries, punitive damages are intended to punish the defendant for egregious actions.
If you were hurt in an accident that was not your fault and believe strict liability may apply to your case, contact Eells & Tronvold Law Offices, PLC. Call 319-393-1020 to schedule a free consultation with an accident lawyer in Cedar Rapids. If you want to learn more about personal injury claims in Iowa, visit usattorneys.com/personal-injury/iowa.