How Strict Liability Claims Can Increase Your Recovery

Passing a folder with claims label to another person

Strict liability claims enable a plaintiff to maximize his or her settlement by holding more defendants liable for the victim’s injuries. A plaintiff can increase his or her recovery even in a fairly simple car accident case by determining if a product manufacturer or seller is partially liable for the behavior of the target defendant and by developing supporting facts.

Strict Liability: What Is It?

Strict liability means that a defendant is liable even if he or she didn’t plan to cause harm. This legal doctrine in personal injury cases makes a defendant legally responsible for the plaintiff’s injuries and damages even if he or she didn’t act negligently.

Different Types of Strict Liability Cases

Keeping Wild Animals

When someone keeps a wild animal, he or she assumes a higher level of responsibility due to the dangerous nature of wild animals. If that wild animal harms another person, the owner will be strictly liable for that person’s damages.

Consumer Product Liability

A manufacturer, seller, or distributor of a product can be held legally responsible under strict liability if that product is defective or dangerous, and harms consumers. Consumer product liability may apply in a case where defectively designed tires cause a serious car crash.  

Ultrahazardous Activities

Extremely dangerous activities, including the use of explosives and the transportation of volatile chemicals, are categorized as a strict liability when a person is harmed.

How Can a Plaintiff Increase Recovery in a Strict Liability Claim?

More Leverage Against Target Defendants

By filing more claims against a target defendant, a plaintiff will have more leverage. In Las Vegas, if a personal injury attorney takes an injury case to trial, the plaintiff will have a great opportunity to enlighten the jury regarding the numerous ways the defendant sacrificed safety for profits.

More Prospective Defendants Translate to More Coverage

Strict liability claims enable a plaintiff to pursue compensation from more defendants. A personal injury attorney in Las Vegas can determine personal injuries suffered by the plaintiff, write a demand letter, and send it to target defendants or their insurers.

Strict-Products-Liability Can’t Be Avoided Through Written Agreements

Manufacturers often sell products with manuals that feature “fine print” claiming to transfer the risk of injury to the consumer. No written agreements, however, can enable a manufacturer or seller of defective products to evade a strict liability claim.