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.
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 manufacturer, or 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 the 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 the 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 product liability.
No matter where you are located our Douglasville Personal Injury Attorneys are just a phone call away, and we will even come to you.
Source: http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_13.authcheckdam.pdf
