Strict Liability
Personal injury cases are generally based on negligence claims. Negligence is failing to act with a reasonable standard of care when the person has a duty of care. If a person’s negligence caused an injury, that person can be held responsible for the damages their negligence caused.
However, some personal injury claims may be based on strict liability. Strict liability holds a person financially responsible for their actions regardless of whether they were negligent or intended to cause injury.
When Does Strict Liability Apply in a Colorado Personal Injury Case?
Generally, strict liability applies in cases involving:
- Abnormally dangerous activities
- Product liability cases
- Possession of wild animals
- Dog bite cases
You would not need to prove that the party intentionally caused your injuries to recover compensation for these claims. Likewise, you would not need to prove that they were negligent. That means the party could have taken steps to avoid injuring someone and still be held liable for damages nonetheless.
Abnormally Dangerous Activities
Some activities are inherently dangerous. A party could use a high duty of care to avoid causing injury, yet someone is injured. Strict liability would hold the responsible party liable for damages.
Examples of abnormally dangerous activities can include:
- Transporting toxic substances and materials
- Demolition and blasting
- Mass use of poisons and pest control substances
The above activities create a highly significant and foreseeable risk of physical harm even though the parties exercised reasonable care. An activity might be dangerous, but it would not fall within this category if the activity is a matter of common usage, such as operating an automobile.
Wild Animals
A person can also be held liable for injuries and damages caused by possessing wild animals. For strict liability to apply in a wild animal injury case, you must prove that the party had kept or had control/custody of a wild animal. You must also prove that you sustained injuries, losses, and damages and that the wild animal caused your injuries, losses, and damages.
Defective Products
Product liability is also based on strict liability. An action can be brought against a manufacturer, seller, or other responsible party if a defective product causes injury or harm. Strict liability may apply in cases involving:
- A product that is dangerous because of a defect caused during manufacturing.
- A product that is unreasonably dangerous because of a flaw in its design that outweighs the benefits achieved from the design.
- A manufacturer fails to warn consumers of the potential risks of using a product or fails to provide adequate instructions for its proper use.
Millions of people are treated in emergency rooms yearly because of injuries caused by consumer products. Defective products include medical devices, children’s toys, household appliances, furniture, medications, tools, equipment, and more.
Dog Bites
Some states have what is known as a “one bite rule” that gives a dog who has never shown aggression a “pass” if it bites someone.
However, Colorado’s dog bite laws hold dog owners strictly liable for damages if their dog bites or attacks someone. The victim does not need to prove that the dog owner was negligent to recover compensation for a dog bite injury claim.
What Damages Can I Recover for a Strict Liability Claim in Denver, CO?
Damages are paid to injured victims when another party is responsible for causing their injuries. When a person is strictly liable, they can be responsible for the victim’s economic and non-economic damages. Damages in a strict liability case could include:
- Medical bills and expenses
- Property damage
- Diminished quality of life
- Lost wages and benefits
- Scarring and disfigurement
- Rehabilitative therapies
- Loss of enjoyment of life
- Impairments and disabilities
- Personal and/or nursing care
- Out-of-pocket expenses
- Emotional distress and mental anguish
The amount you receive for damages depends on the facts of the case. Generally, the value of damages increases as the severity of your injury increases. However, being partially to blame for causing your injury could impact how much you receive for your claim.
What Is the Deadline for Filing a Strict Liability Claim in Denver, CO?
The Colorado statute of limitations restricts the time you have to file personal injury claims, including claims based on strict liability. The court can dismiss your case if you miss the deadline to file a personal injury lawsuit.
Most personal injury claims have a two-year deadline for filing lawsuits. However, exceptions to the statute of limitations can change the deadline for filing your claim.
Some exceptions to the statute of limitations could shorten your time to file a lawsuit. Therefore, it is wise to seek legal advice as soon as possible after a personal injury or accident.
Contact Our Experienced Denver Personal Injury Attorneys
Do you have a strict liability personal injury claim? The best way to find out is to speak with an experienced Denver personal injury lawyer. An attorney reviews your case free of charge and explains your legal options. Zaner Harden Law can help you get the compensation you deserve.
Schedule a free consultation today with a personal injury lawyer in Denver, CO, or give us a call at (720) 613-9706.
