Strict liability is a body of tort laws within personal injury that allows the imposition of liability on a party without the requirement to prove fault, negligence or intention. The claimant only needs to prove that the tort occurred and that the defendant was responsible.
In Florida, there are two categories of injuries that follow personal injury strict liability laws: dog bites and products liability.
Some states have carved out a “one-bite” warning to dog owners. That means that a dog can bite once before the owner is held strictly liable for the injuries. In those states, negligence can still be used to prove fault.
Florida, however, is not one of those states. Dog owners are liable for any damage done by their dogs to any person or animal. This is true regardless of any past history of the dog, and even if the owner had no prior knowledge of the animal’s “viciousness.”
It is important to know the law and seek medical attention as soon as a dog bite occurs.
In products liability, the manufacturer, distributor, and retailer of a defective product can be held strictly liable for injuries caused by that product without regard to fault on behalf of the companies.
In order to prove strict products liability, a plaintiff must prove the following:
- Relationship of the manufacturer to the product
- The product has a defect which causes an unreasonably dangerous condition
- The defect was the cause of the plaintiff’s injuries.
A product can further be considered defective due to a design defect, manufacturing defect, or inadequate warning on the product.
Contact The Ticktin Law Group
If you have suffered a personal injury as a result of a dog bite or a defective product, seek medical assistance and legal help. The attorneys of The Ticktin Law Group are experienced with Florida’s personal injury strict liability laws and can help you get the compensation you deserve.
Contact us today for a free consultation. By speaking with an experienced personal injury lawyer and going over all the facts of your particular claim, you will get a much better idea of what steps you should already be taking, what the best way is to proceed with your case and what compensation you may be entitled to.