Texas is an at-fault state for personal injury and accident claims. If another party causes your injuries, you can pursue a legal action against that party for damages. Generally, you must prove the other party was negligent or intentionally caused your injuries. However, strict liability claims do not rely on negligence.
Strict liability is a legal doctrine that holds individuals or companies responsible for injuries or damages caused by their actions or products. It does not matter if they were negligent or not. It does not matter whether they intended to cause harm. This guide explains strict liability, the proof necessary to win a claim, and how it differs from other types of liability.
What Is Strict Liability in a Texas Personal Injury Case?
Strict liability means that a person or entity is automatically responsible for harm caused by certain activities or products, regardless of intent or fault. Unlike negligence claims, which require proof that the defendant failed to act as a reasonable person would, strict liability focuses on the action or product itself and the harm it caused.
When Does Strict Liability Apply in Texas?
Strict liability only applies in specific types of personal injury cases.
Examples of injury claims in which strict liability applies in Texas include:
Defective Products
Manufacturers, distributors, and sellers can be held strictly liable for injuries caused by defective products.
To win a strict liability claim, you must prove:
- The product was defective in its design or manufacture, or it had a warning defect.
- The defect made the product unreasonably dangerous.
- You were using the product as intended or in a foreseeable way.
- The defect caused your injury.
Design defects occur when the product’s design is inherently unsafe. All products made using the design will have the same flaw. Manufacturing defects occur when a product is made incorrectly. Some or all of the products may contain a defect.
Warning defects refer to the absence of adequate warnings or instructions. Failure to include the warnings or instructions made the product dangerous to use.
Abnormally Dangerous Activities
Texas imposes strict liability for dangerous activities that pose a high risk of serious harm. These activities pose a high risk even when reasonable care is taken.
Examples include:
- Storing explosives
- Demolition activities
- Disposing of hazardous chemical waste
- Producing radioactive emissions
If you are injured by one of these activities, the person or company responsible can be held strictly liable.
Animal Attacks and Dog Bites
Keeping wild animals can pose a threat to the public. A party may be held strictly liable if it owns a wild animal and it causes harm to someone.
Texas law generally follows the “one-bite rule” for dog bites. However, strict liability may apply in some instances. If the owner knew the animal was dangerous or had a history of biting, they may be held strictly liable for any resulting damages. The plaintiff must prove the owner knew or should have known of a dog’s dangerous tendencies for strict liability to apply.
What Do You Need to Prove in a Strict Liability Case?
The injured victim has the burden of proving the legal elements to hold a party strictly liable for damages.
To win a strict liability claim in Texas, you must prove:
- The defendant’s action or product caused your injury.
- The product was defective, or the activity was abnormally dangerous.
- You were using the product as intended or in a foreseeable way.
- You suffered physical, emotional, or financial harm.
Even though you do not need to prove negligence, winning a strict liability case can be challenging. Prompt legal representation gives victims the best chance of winning a case. An attorney understands the legal requirements to prove strict liability and how to gather evidence supporting a claim.
Defenses in Strict Liability Cases in Galveston, TX
Defenses in strict liability cases are limited. Proving that the defendant exercised reasonable care is generally not a valid defense.
However, defendants may argue that:
- A product was not defective.
- The plaintiff was not using the product as intended.
- The plaintiff’s own actions contributed to the injury (i.e., contributory fault).
- The defendant is not responsible for the product or activity.
Strict liability holds manufacturers and companies accountable for the safety of their products and activities. It protects consumers and encourages responsible business practices.
What Is the Deadline to File Strict Liability Claims in Texas?
Texas imposes deadlines for filing personal liability actions, including strict liability claims. Generally, injured parties have two years to file a lawsuit. Missing the filing deadline can result in the court dismissing your claim.
Exemptions can change the time you have to file a claim. Prompt legal advice can help protect your right to pursue a lawsuit against the party that caused your injuries.
Contact the Galveston Personal Injury Attorneys at The Law Firm of Alton C. Todd Personal Injury Lawyers for Help Today
If you’ve been injured by a defective product, an abnormally dangerous activity, or an animal attack in Galveston, TX, you may be entitled to compensation. The Law Firm of Alton C. Todd Personal Injury Lawyers has extensive experience handling strict liability cases and can help you understand your rights and options. Call us today at (409) 207-9299 to schedule a free consultation with an experienced Galveston personal injury lawyer.
