What is Strict Liability?

Strict liability means that a party can be held responsible for injuries or damages without needing to prove that they were negligent (careless) or that they intended to cause harm. In essence, strict liability makes a party almost “automatically” responsible for the consequences of an action, activity, or product. This legal principle is only applied in specific types of personal injury cases.

The rationale behind strict liability is that certain activities or products carry an inherent risk, requiring a high level of accountability. Typically, the responsible party (often a business or manufacturer) must assume this accountability upfront, regardless of their intentions or precautions. Strict liability is often contrasted with other legal standards such as vicarious liability and joint liability, which require different proofs of responsibility in a case.

When Does Strict Liability Apply?

There are two primary categories of personal injury cases where strict liability is applied:

1. Ultrahazardous Activities

Ultrahazardous activities, also known as extremely hazardous activities, involve actions that carry a high risk of harm. Examples include handling explosives, discharging toxic substances, and managing hazardous waste or oil spills. Businesses or individuals engaging in these activities are held strictly liable for any accidents or injuries that occur, regardless of whether they acted carefully or followed regulations.

Although most personal injury cases don’t involve ultrahazardous activities, some do. In these cases, strict liability ensures that those responsible for such activities are held accountable for the potential risks they introduce to the public or environment.

2. Product Liability

Under Connecticut law, manufacturers are held to a standard of strict liability for the products they design and produce. If a defective product causes injury, the manufacturer can be found liable even if they exercised care in the production process and did not intentionally cut corners. This legal principle ensures that companies remain accountable for the safety of the products they offer to the public.

In some cases, strict liability may extend beyond the manufacturer to include companies that sell or rent out the defective product. For example, a retailer or distributor could also be held responsible if they knowingly provided a product that caused harm.

How Does Strict Liability Affect Your Case in Connecticut?

While most personal injury cases revolve around proving negligence (carelessness), strict liability cases operate differently. If you were injured due to a defective product or an ultrahazardous activity, strict liability could play a critical role in your case. Here’s what it means for you:

• Your case may be easier to prove because you don’t need to demonstrate negligence or intent. However, you still need to show that the injury or damage occurred and that it was directly caused by the defective product or hazardous activity.
• The burden of proof often shifts to the defendant, but you may need to address claims that you misused the product or ignored warnings, labels, or instructions.
• Strict liability increases the chances of holding the responsible party accountable, ensuring you have a pathway to recover damages for your injuries.

How Bert McDowell Injury Law Can Help

At Bert McDowell Injury Law, we understand how overwhelming personal injury cases can be, especially those involving strict liability. With over 20 years of experience handling complex cases in Connecticut, our team is dedicated to fighting for justice and securing the compensation you deserve.

Whether your case involves a defective product, an ultrahazardous activity, or another form of personal injury, we’re here to help. Our attorneys will thoroughly investigate your claim, gather the necessary evidence, and build a strong case on your behalf.

We believe in providing personalized, compassionate legal representation. When you work with us, you’re not just another case — you’re a valued client, and we’ll fight tirelessly for your rights.

Contact Us Today for a Free Consultation

If you’ve been injured and believe strict liability may apply to your case, don’t wait to seek legal advice. Let Bert McDowell Injury Law guide you through the process and help you secure the compensation you deserve.

Call us now at 475-231-3274 for a FREE consultation, or fill out our online contact form to get started. Our experienced attorneys are here to answer your questions and provide the legal support you need.