When someone is injured due to the actions or products of another, Missouri law may allow them to seek compensation under various legal principles. One of the most critical concepts in personal injury law is strict liability. Unlike negligence claims, where fault must be proven, strict liability holds individuals or companies accountable for injuries caused by their actions or products. Strict liability does not require proof of negligence.
What Is Strict Liability?
Strict liability is a legal doctrine that holds a party responsible for their actions or products. This liability applies regardless of whether they acted negligently or intentionally. In other words, a party can be held liable for damages caused by their actions or products even if they took all possible precautions to avoid harm.
For instance, if a manufacturer produces a defective product that causes injury, they may be held strictly liable for the damages. It doesn’t matter whether they were negligent in the production process. Similarly, strict liability can apply in cases involving dangerous animals, environmental hazards, or inherently risky activities.
How Does Strict Liability Apply in Missouri?
In Missouri, strict liability is applied in certain cases, particularly in product liability and hazardous activity claims. You may be entitled to compensation if you have been injured in a situation where strict liability applies. In such a case, you would not be required to prove that the other party acted negligently. Below are the primary areas where strict liability may apply in Missouri.
Under Missouri law, manufacturers and sellers of products can be held strictly liable for injuries caused by defective products. This includes cases involving:
- Design Defects: The product was designed in a way that made it unreasonably dangerous.
- Manufacturing Defects: The product was manufactured incorrectly, making it dangerous.
- Failure to Warn: The product lacked proper instructions or warnings about potential risks.
If you were injured by a defective product in Missouri, you do not need to prove that the manufacturer or seller was negligent. You only need to prove that the product was defectively designed, manufactured, or mislabeled and that it caused your injury.
Missouri law also applies strict liability in cases involving dangerous activities. This includes activities such as:
- Explosives: Handling, using, or storing explosives are all dangerous activities.
- Hazardous Materials: The use or transport of hazardous materials that can cause harm if released.
- Dangerous Animals: Owners of wild animals or animals with dangerous propensities can be held strictly liable if the animal causes injury.
Even if you take precautions to minimize the risks associated with these activities, you can still be held strictly liable if someone is injured as a result.
What Must Be Proven in a Strict Liability Case in Missouri?
In negligence claims, you are required to prove that the at-fault party failed to act with reasonable care, which resulted in harm to you. In strict liability cases, you typically do not have to prove that the defendant was negligent. Instead, the focus is on whether the act or product was inherently dangerous and caused your injury. To succeed in a strict liability claim in Missouri, you must generally prove the following:
- The defendant’s activity or product was inherently dangerous. Whether it’s a defective product, a hazardous activity, or a dangerous animal, you must show that the activity or product was unreasonably risky.
- An injury occurred. You must show that you were injured as a result of the defendant’s actions or products.
- Causation. You need to prove that the defendant’s actions or product directly caused your injury. This is often straightforward in product liability cases where the defect is clear.
All these elements are required for a successful strict liability case.
What Damages Can You Recover in a Strict Liability Case?
If you win a strict liability case, you may be entitled to several types of compensation. These forms of recovery can include:
- Medical Expenses: compensation for past and future medical bills related to your injury
- Pain and Suffering: payment for the physical pain and emotional distress caused by your injury
- Lost Wages: compensation for income lost due to your inability to work after the injury
- Property Damage: If your property was damaged as a result of the injury-causing event, you may be able to recover its value or repair costs.
A lawyer can calculate the full extent of your damages and fight to recover them.
How a Personal Injury Lawyer Can Help With Your Strict Liability Case
If you believe you have been injured due to a defect, hazardous activity, or dangerous animal, strict liability may apply. It is crucial to speak with an experienced personal injury lawyer. Your lawyer can:
- Investigate the Incident: They will examine the cause of the injury, whether it’s a defective product, hazardous activity, or dangerous animal, and build a strong case for strict liability.
- Gather Evidence: They’ll collect evidence, including medical records, expert testimony, and accident reports, to support your case.
- Calculate Damages: They’ll assess your medical costs, lost wages, pain and suffering, and other losses to ensure you seek the compensation you deserve.
- Negotiate With Insurance Companies: They’ll negotiate with the insurance companies or responsible parties to secure a fair settlement.
- Represent You in Court: If necessary, they will take your case to court and fight for your rights to receive fair compensation for your damages.
Your lawyer can take care of your claim while you recover from your injuries. If you or a loved one has been injured, contact our Schultz & Myers Personal Injury Lawyers. We can help you protect your rights and get the compensation you deserve. Call us today at (314) 444-4444. We offer a free initial consultation.
