Strict Liability Claims

As a practical matter, most personal injury claims are based on allegations of negligence, as developed through the common law. We’ve looked at the components of a claim based on negligence—the breach of a duty of care, causation, and actual loss—in other blogs. There are other ways to proceed with a personal injury claim, however. You can allege intentionally wrongful conduct or reckless behavior. In this blog, we’ll look at the legal concept of strict liability.

The premise behind the legal theory of strict liability is that there are some activities which are so inherently dangerous that, as a matter of principle (and a matter of law), anyone engaging in those activities must assume liability for any injuries caused. Here are some of the most common activities that give rise to a strict liability claim:

• Possession or ownership of a wild animal—If you attempt to domesticate a traditionally wild animal, you may have potential strict liability for any injuries caused. Though dogs, cats and horses are frequently excluded from this type of liability, many jurisdictions also establish strict liability for those types of animals if the owner knew or should have known of their propensity for aggressive behavior toward humans.
• The sale, manufacture, distribution or transportation of explosives, including fireworks
• The sale, manufacture, distribution or transportation of hazardous wastes or dangerous chemicals
• The manufacture of certain types of inherently dangerous products
• The use of a “controlled burn” for any purpose

Contact Metzger & Kleiner

At Metzger & Kleiner, a personal injury lawyer will offer a free initial consultation to every client. For an appointment, contact our office online or call us at 215-567-6616 in Philadelphia, 610-435-7400 in the Lehigh Valley, or toll free at 866-847-4170.

We take all personal injury claims on a contingency basis. We will only charge you attorney fees if we recover compensation for your losses.