The Faces of Strict Liability

A personal injury action can be the best way to resolve your claims against the party or parties responsible for your recent injury. A personal injury is a very serious civil wrong which should not be taken lightly. If you have been injured due to the negligence of another person, a Ledger Law personal injury attorney is the best person to help you develop your claim and advocate for your case.

Sometimes, a personal injury has resulted from another person’s engagement in what is considered an inherently dangerous activity under the law. An inherently dangerous activity will not be afforded the same legal protections as someone engaged in negligent activity or someone who has committed purely an accidental injury upon you. Inherently dangerous activities, also known as ultra hazardous activities, are defined as: “one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured.”

What does this mean for your case? Well, if you fall into one of the following categories of inherently dangerous activities, you might have a much easier time recovering for your injuries. It usually means that the defendant will be afforded no viable defense against your claims for personal injury and no matter how cautious he was in carrying out his dangerous activity, he will be held liable. The following situations are commonly considered inherently dangerous and will be afforded strict liability status.

  • Transportation or Storage of Hazardous Chemicals or Materials: If you have been recently injured by some sort of hazardous chemical, you likely have a personal injury claim and the defendant will be held strictly liable. The court will determine whether your injury falls under this category based on various evidentiary considerations. If you have been recently injured by something that might be considered a hazardous material, contact us today to get started on your case.

  • Keeping Wild Animals: A defendant who keeps wild animals on his property is engaging in an inherently dangerous activity. No matter how tame, cute or cuddly the animal is, if it is not a domesticated creature such as a common house cat or dog, the owner will be held strictly liable. It also will not matter if the animal was kept in the most secure and safe pen on the planet. No level of care will prevent the strict liability assessment over the defendant. If you have recently been injured by an animal attack or a wild animal, please contact us today! This includes all forms of forest creatures, large cats, and even dangerous fish or sharks in a tank.
  • Keeping Dangerous Dogs: Keeping a dog on your property that has a known propensity for viciously attacking other animals or humans is also considered an inherently dangerous activity. If you have been attacked by a known vicious dog, the owner might be held strictly liable for the offense. Depending on the facts, you might be able to recover against him in strict liability. California also recognizes a cause of action in negligence for vicious dog attacks whether or not the owner had knowledge of the animal’s propensity for violence.

There are other various types of inherently dangerous activities that a defendant can engage in that will render him strictly liable. Even if your case does not involve one of these activities, a negligence action may be the perfect solution for your personal injury.