Strict Liability for Injuries

In the average South Carolina personal injury case, it is the plaintiff's responsibility to show that the defendant was negligent in a way that directly caused his or her injuries. Civil law is complex, however, and not every case will follow this precise format. For example, if the case is based on the doctrine of strict liability, the plaintiff’s injuries alone are considered evidence of the defendant's neglect.

Most strict liability cases concern defective products or dangerous public areas. If you or a loved one has been injured by a party that failed to take reasonable safety precautions, a Charleston strict liability attorney from the Steinberg Law Firm can help you determine what steps to take next. Call our offices today at 843-720-2800.

Strict Liability versus Negligence

Legally, a plaintiff in a personal injury claim needs evidence of four different facts to prove negligence:

• The plaintiff has suffered significant injuries.
• The defendant had a duty of protection to the plaintiff.
• The defendant failed to meet that duty.
• This failure directly caused the plaintiff's injuries.

However, this is not a fair standard of evidence to apply to every case. For example, imagine a person who has been hurt by a badly made product. She wants to receive fair compensation from the company responsible for her injuries. Under the standard definition of negligence, she would need to:

• Pinpoint the precise error the company made
• Show that this error could have been avoided by reasonable people
• Show that this error directly caused her injuries

Demonstrating all of these points in court would require detailed technical knowledge and full access to a company's inner workings. Of course, this is beyond the scope of the average plaintiff. That is why the standard of strict liability was created.

Under this standard, the plaintiff only needs to show that the defendant created a product or invited people onto a property that was unreasonably dangerous. The specific act of negligence committed is usually not directly relevant. With this legal doctrine, plaintiffs can receive the compensation they deserve from businesses that caused them injuries.

Contact Us

If you have been hurt by a defective product or unsafe property, you need to know your legal rights and obligations. To speak with an experienced Charleston strict liability attorney, contact the Steinberg Law Firm at 843-720-2800.