To begin, the law of “torts” governs personal injury actions. Within the law of torts falls strict liability offenses and negligence. Most personal injury complaints allege negligence on the part of the defendant. A negligent defendant is one who did not exercise proper care in his conduct and eventually injured the plaintiff. Alternatively, a defendant will be held strictly liable no matter how much due care or caution he exercise toward the plaintiff. Even if the defendant exercised every precaution possible, he can still be held liable if his conduct is ultra-hazardous and inherently dangerous.
One example of an ultra-hazardous activity is the keeping of dangerous animals. If you are the recent victim of an animal attack, you may be able to hold the animal’s owner liable under a strict liability theory. Anytime a person keeps a wild, undomesticated animal on his property, he will be held strictly liable for any injuries the animal causes to another person. Under strict liability, it will not matter if the owner has taken every precaution available to safeguard others against the pet. Wild animals include any species which are not traditionally house pets (i.e.- dogs, cats or fish). For example, owners of wild cats, forest animals or other undomesticated species will be held strictly liable for attacks caused by such pets.
In addition to strict liability for wild animals, dog owners could also find themselves in hot water over an attack or biting. Dog owners who possess knowledge of their dog’s propensity for violence will most likely be held strictly liable any time the dog bites and injures another person. In other words, if the dog has bitten others before, the owner will be imputed with knowledge of his dog’s violent nature.
In addition to animal attacks, strict liability will be applied in other ultra-hazardous activities such as blasting and excavating. Regardless of the precautions taken by any party engaging in blasting and excavating, personal and property injuries will most likely be compensated for under a theory of strict liability.
Products liability actions also fall under the category of strict liability as products manufacturers have a duty to product consumer products that are free from harmful defects injurious to users. If you have recently been injured by a consumer product, you could recover from the manufacturer under strict liability.
A personal injury action under a strict liability theory is a surefire way to hold others responsible for their ultra-hazardous and inherently dangerous activities. The California legislature ensures that parties choosing to engage in such activities will be held liable for injuring others, regardless of any safety precautions taken by the defendant.
