What is Strict Liability in California?

Strict liability is a legal concept that establishes liability for certain types of injuries in the absence of negligence, recklessness, or another level of culpability. It forms the basis of many personal injury cases in California each year, allowing victims to collect the compensation they are owed. 

However, strict liability only applies to two main types of personal injury cases in California: product liability and dog bites. 

Understanding Strict Liability

In typical personal injury cases, the victim must prove that another party was negligent, acted recklessly, or intentionally caused them harm. Depending on the circumstances of the injury, proving this level of culpability can be challenging or even impossible. 

However, some personal injury cases do not require proof of negligence or recklessness. In these strict liability cases, the party’s actions alone make them liable. In other words, a party is liable for a result because it happened, not because they were negligent.

Types of Strict Liability in California

There are essentially two types of strict liability cases: product liability and dog bite cases. In each of these, unsuspecting parties may find themselves badly injured. Some even die. 

California law considers these two types of cases as worthy of strict liability due to the trust the public places in product makers and dog owners. 

Product Liability

The marketplace is full of products designed to meet every need or want imaginable. Product makers, which include designers as well as manufacturers, make great profits from their products, and they have an important obligation toward consumers to provide reasonably safe goods.

When a defective or dangerous product makes it to the market, consumers are unaware until a problem occurs. After the product causes an injury, most of the normal rules of personal injury cases still apply; injury victims may still provide evidence of a product maker’s negligence. 

However, they also have the option of suing under strict liability rules. In these cases, victims must simply demonstrate that they used or operated the product in a reasonably foreseeable fashion that any normal consumer would. 

When it comes to liable parties, more than just the manufacturer may be held responsible. Depending on the circumstances, the courts might find multiple parties liable for injuries caused by a dangerously defective product, including the following:

  • Product designers
  • Product manufacturers
  • Product distributors
  • Advertisers and marketers
  • Retailers

Keep in mind that a defective product is not the same as a poorly repaired or maintained product. Strict liability does not apply when a product has been repaired negligently. 

Dog Bites

Under California law, dog owners can also be held strictly liable for dog bite injuries. Dog bite victims need not demonstrate any level of culpability on the part of the owner. The simple fact of the bite is enough for a lawsuit to succeed. But the victim must still prove a couple of elements, which are:

  • The allegedly liable party was the dog’s owner
  • The victim was bitten while legally in a public place or on private property
  • The victim suffered an injury
  • The dog bite was a substantial factor in causing harm to the victim

If the dog’s owner tries to argue that they were unaware of their animal’s tendency to bite, the defense will fail. In fact, there are very few defenses against dog bite liability in California. These include:

  • The victim was trespassing
  • The victim provoked the animal
  • The dog was acting in self-defense of its owner

These defenses may be effective. But in some cases, they may only reduce a dog owner’s liability, not eliminate it. 

California follows the pure comparative negligence rule, which reduces a party’s percentage of liability when the victim has acted negligently or unlawfully. Therefore, a victim who shares a portion of the blame for their own injury may still succeed in winning compensation.

Why You Need an Attorney

Although parties can be held liable without proof of negligence or recklessness, there is still quite a bit of case-building that must be done in strict liability claims. Injury victims in these cases can also expect defendants and their insurance companies to vigorously defend against paying damages. 

Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, LLP. have been fighting for the people of San Diego. Now, when those injured in automobile accidents – including car, truck, and motorcycle accidents – need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side. If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, LLP. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!