In most personal injury cases, a victim has to prove negligence in order to prevail and win compensation. This means demonstrating that the at-fault party failed to exercise reasonable care, thereby causing injury. Strict liability cases do not require proving negligence. Rather, the defendant can be held liable for injuries resulting from their actions, regardless of how careful they were.
However, a victim should not assume that this will make their case substantially easier to prove. They still have the duty of demonstrating other elements that are unique to the specific strict liability claim that they are making. Victims should also expect resistance from the liable party, their insurance company, and their attorney.
Hiring skilled legal counsel will be important to recovering the compensation you deserve. Count on Diller Law to handle your case.
What Is Strict Liability in Tort Law?
Personal injury cases fall into the category known as tort law. Put simply, a tort is some sort of behavior or action that causes harm or injury to someone else and can therefore result in legal liability. If the tortfeasor (the person who commits the tort) is held liable, a court can order them to pay the victim’s damages, such as medical bills and pain and suffering.
Most tort cases are based on negligence, which is the failure to act with reasonable care. Victims in these civil cases need to prove the nature of the duty to act with reasonable care, show that the at-fault party breached the duty by some negligent act or omission, and then prove causation and damages.
A strict liability tort does not require proof of negligence. A person can be held strictly liable for the sheer fact that they engaged in a certain action that resulted in injury to someone else. How much care they exercised is essentially irrelevant since negligence is not a factor; nonetheless, the injury or accident victim has to prove certain other elements, depending on the specifics of their case.
What Are Some Strict Liability Cases in Massachusetts
If you were injured because of someone else’s conduct, one of the first things you need to know about recovering compensation is whether your case will be one of negligence or strict liability. Strict liability torts in Massachusetts usually arise in one of the following three situations.
Dog bites and dangerous animals
Under Massachusetts law, a dog owner is strictly liable for dog bites. The same applies to dog attacks. No matter how responsible or irresponsible the dog owner is, they can be held accountable to the victim for a bite or attack. The victim will need to prove these elements:
- The liable party owned or kept the dog.
- The victim was lawfully present on the property (e.g., not a trespasser and not committing another tort).
- The victim did not instigate the attack by teasing or abusing the dog.
- The dog bit or attacked the victim, causing the victim to suffer an injury or property damage.
These same rules apply to the owners and keepers of wild, dangerous, or exotic animals. Although owners of these animals usually take precautions, for instance by ensuring that the animal is properly caged or fenced in on the property, they can still be held strictly liable if the animal somehow causes injury to someone.
Product liability cases
Product liability is an area of law that holds manufacturers and other parties responsible for defective products that injure others. A product can be defective for one of three reasons:
- Manufacturing defect: A manufacturing defect refers to the way in which a product is assembled, built, or produced. For example, the brake on a bicycle may be missing a critical bolt that causes it to fail during a bicycle ride.
- Design defect: Even if the product in question is put together properly, the design itself may be inherently dangerous. For instance, a children’s toy may be designed with a part that is easily detachable and can cause a choking hazard for a young child.
- Marketing defect: This type of defect covers the failure to provide proper instructions for safely using the product, as well as the failure to warn of known or reasonably foreseeable safety risks. The classic example is prescription medications, which must include both adequate instructions and warnings against risks the manufacturer knew or should have known about.
In a Massachusetts product liability case, the victim can advance one of the above three theories. In general, the victim needs to prove:
- The product was defective due to its manufacturing, design, or marketing.
- This defect created a danger to a person who used the product for its intended purpose.
- The defect injured the person using the product.
- Because of the injury, the person sustained damages.
The defendant in a product lawsuit could potentially argue that the victim did not use the product for its intended purpose, or that the victim tampered with the product in some way and rendered it unsafe.
Abnormally dangerous activities
Certain activities are viewed as inherently or unreasonably dangerous, meaning that by their very nature, they pose an immediate threat to health or safety. The activity in question has to be something that poses a foreseeable risk of injury to persons or property and something that most individuals do not usually do, such as driving.
Massachusetts has recognized a few examples of abnormally dangerous activities, including:
- Storage and use of hazardous substances
- The transportation of dangerous substances
- Explosives and blasting
- Demolition
- Radioactive and nuclear activities
- Storage of large amounts of gas or fuel
- Aerial chemical spraying and crop dusting
These differ from more common but often dangerous activities, such as:
- Ordinary driving (not transporting something hazardous)
- Hunting and ordinary firearm use
- Storing household chemicals or small quantities of fuel
- Construction work that is done without explosives
- Standard industrial and machinery operations
The victim should be prepared to demonstrate the following:
- The liable party was engaged in an abnormally dangerous activity.
- There was a foreseeable and significant risk of harm, regardless of how much care was exercised.
- The activity was not something common.
- The activity caused injury and damage to the victim.
What Are Strict Liability Crimes?
Strict liability is not just a matter of tort law. If you are a criminal defendant, you need to understand what a strict liability offense is. It starts with understanding the concept of mens rea; this Latin term means “guilty mind” and refers to a person’s intention or wrongdoing. Most crimes in Massachusetts, such as murder and burglary, require proof of the defendant’s guilty mental state.
Strict liability crimes do not require proof of mens rea. Although many of these offenses are regulatory in nature or concerned with public welfare, not all of them are. Here are some examples of strict liability crimes in Massachusetts:
- Statutory rape: Convicting someone of engaging in sexual activity with a child does not require proof that the defendant either knew the child was under 16 years of age or intended to violate the law concerning age.
- Traffic and motor vehicle offenses: These include operation of an unregistered vehicle and certain inspection and equipment violations.
- Alcohol-related regulatory offenses: Prime examples of such crimes that do not require proof of criminal intent include sales of alcohol to minors and certain licensing violations.
- Public welfare offenses: Among these are health, food and drug, environmental, and building code offenses.
- Firearms possession offenses: In limited cases, the defendant’s intent or knowledge may not matter, such as whether a weapon they possessed meets a particular legal definition or whether the defendant does not have a valid license.
How Can an Attorney Help You?
Whether you have a personal injury or criminal defense case, retaining experienced legal representation is one of the most important steps you can take. When you hire us to represent you, we get to work by:
For a personal injury client
- Investigating the facts of your case and obtaining initial evidence
- Identifying the parties who can potentially be held liable for your injuries
- Determining the value of your past, present, and future damages
- Filing and serving a lawsuit on the liable parties
- Developing a legal strategy and helping you understand your options
- Obtaining additional evidence through the process of discovery
- Hiring expert witnesses who can substantiate important aspects of your case
- Negotiating with the insurance companies and attorneys representing the liable parties
- Representing you in mediation to attempt to settle the case, if possible
- Taking your case to trial if a fair settlement cannot be reached
For a criminal defense client
- Reviewing police reports, witness statements, and other evidence related to the case
- Explaining the charges against you and the potential outcomes
- Investigating to uncover evidence that could exonerate you
- Developing a comprehensive legal strategy to seek the best possible result for your case
- Filing important motions with the court, for instance, to suppress evidence, as applicable
- Representing you in all court appearances and hearings
- Negotiating with prosecutors, where possible, to seek reduced or dismissed charges
- Exploring possible alternatives to more serious criminal penalties, including diversion programs
- Working to refute the prosecution’s evidence and arguments at trial
- Presenting a compelling legal defense on your behalf
Located in Boston, Diller Law represents personal injury clients and criminal defendants throughout the Commonwealth of Massachusetts and New England. We’re pleased to advocate for our clients each step of the way with the professionalism and dedication they deserve.
If you have a strict liability case, or another type of personal injury or criminal defense matter, it’s time to get serious about your legal rights and best interests. Contact our Boston office today for a free case consultation.