In most personal injury cases, if an individual is injured and wants to recover damages from someone they believe is responsible for their injuries, they will have to show that the responsible party was negligent. Proving negligence will require that the person owed the injured person a duty to behave reasonably under the circumstances and that the injury suffered was caused by a breach of that duty. There are certain circumstances, though, where someone might be held responsible for another person’s injury, even if they did not act in a way that would be considered negligent or where their actions would otherwise not lead to fault. These circumstances fall under the area of “strict liability.”
Strict liability might be triggered in several scenarios. The most prominent area in Georgia in which strict liability applies is in cases of product liability. Product liability cases involve situations where a product was defective as a result of a flaw in the design, the manufacture or in failure to warn. If a product is defective, and it was defective when it left the manufacturer’s possession, then strict liability could be applied, and it would be unnecessary to show that the manufacturer was negligent when they caused the defect. Alternatively, the plaintiff must prove that the product left manufacturer with a defect prior to its use.
If any such cases occur, the burden on the injured party can be lessened, but the challenge is proving that there was a defect. Naturally, there are still defenses that the defendant can present, including assumption of risk, which means the injured person knew they were accepting a danger when they engaged in an activity that led to their injury. For example a skier who is injured because of a defect in skis may be able to present a product liability claim if a defect is proven. On the other hand, a skier who becomes injured after misjudging clearance when traveling fast down a mountain, without more, cannot sue the manufacturer of the skis for products liability.
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The time you have to legally receive compensation is limited. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
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Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED