Some types of personal injury cases are based on strict liability. This means that a particular person or entity is held strictly liable for any injuries that are produced by their actions. Strict liability is usually imposed by statute, and there are certain types of personal injuries where liability strictly falls with another when a victim is hurt or injured. Two specific examples of strict liability can be found in injuries that are due to a defective product, and injuries that are due to animal bites.
Strict Liability for Defective Products
South Carolina allows for individuals who are injured by a defective product to bring a personal injury action under strict liability against the designer or manufacturer that sold the defective product to the victim, under S.C. Code Section 15-73-10. A defective product can be defective due to:
- A defective design of the product.
- A defect of the manufacturing of the product.
- A defect due to inadequate or improper labeling of the product
In order for strict liability to exist in a defective product personal injury claim, three things must be shown:
- The product caused the injury when it was in the condition in which it was sold (i.e., the victim must not have modified the product to place it in a dangerous condition)
- The product must have a defect that is unreasonably dangerous, and this defect must have caused the victim’s injuries
- The injury must be attributable to the defect, and the injury must have been sustained during normal, routine use of the product
Strict Liability for Animal Bites
Under S.C. Code Section 47-3-110, dog owners are held strictly liable for the bites and attacks caused by their dog. Specifically, a dog owner will be held strictly liable for:
- Injuries caused by his or her dog, when the dog bites or otherwise attacks a victim
- When the victim was in a public place or a private place where he or she was legally authorized to be
- When the victim did not provoke the dog.
A dog owner is liable under strict liability even if the owner was not present when the bite or attack occurred. Liability for the dog’s owner attaches whether or not the owner knew or should have known that the dog posed a threat of injury to others. Even if it is the first time that the dog has ever bitten or attacked someone, strict liability will exist for the dog’s owner. Many other states allow for a dog to get away with one bite before dog owners are held liable for the actions of their dogs.
Contact a Dedicated Attorney for Assistance
There are some instances where strict liability applies to a personal injury claim. An experienced personal injury lawyer can help you determine whether strict liability is applicable to your case, and can advise you on how to proceed with your claim. The personal injury attorneys at the Solomon Law Group can help you develop a personal injury case and can help you seek the recovery that you deserve. Contact us today.
