In Lawrenceville, Georgia, you can assert strict liability, ordinary negligence, gross negligence, or intentional misconduct as a justification for personal injury liability. All of these justifications refer to the defendant’s degree of culpability with respect to the conduct that caused your injury. Strict liability is unique among these because it permits the imposition of liability without proof of fault.
How Do Strict Liability, Negligence, Gross Negligence, and Intentional Torts Differ?
A personal injury claim usually requires at least one person with a culpable (blameworthy) mental state. The choices are typically ordinary negligence, gross negligence, or intentional misconduct.
Ordinary Negligence
Ordinary negligence is the basis for most personal injury claims. When you assert ordinary negligence, you are saying that someone acted carelessly or carelessly failed to act, thereby causing your injury. A driver might have run a stop sign, for example, or a restaurant may have caused a slip-and-fall accident by failing to promptly dry off a wet staircase.
Gross Negligence
Gross negligence becomes relevant if you seek punitive damages. You can qualify for punitive damages if the defendant’s conduct shows a reckless disregard for the safety of others. In Georgia, 75% of punitive damages usually go to the state government, leaving you with only 25%.
Intentional Misconduct
“Intentional misconduct” refers to the situation where someone deliberately caused the harm you are complaining of. An example is a “road rage” accident where an angry driver intentionally causes your car to crash.
Another example would be a criminal assault. Many acts of intentional misconduct also amount to crimes. However, it’s much easier to win a civil lawsuit than a criminal prosecution.
Punitive damages are particularly likely in cases of intentional misconduct.
What Are Different Types of Strict Liability Claims?
See below for an explanation of the four types of strict liability claims under Georgia state law.
Product Liability
Manufacturers, distributors, and retailers of products can bear strict liability for injuries caused by defective and unreasonably dangerous products. The legal elements of a product liability claim (the facts you need to prove to win) include:
- The product was defective.
- The product defect caused the injury or damage.
- The product was in substantially the same condition when it left the manufacturer’s control.
- The product was being used as intended.
As you can see, there is no need for you to prove fault to win. You can even win a claim against a distributor for a manufacturing defect. It would then be up to the distributor to seek contribution from the manufacturer.
“Abnormally Dangerous Activities”
Parties that engage in “abnormally dangerous activities,” such as blasting or using hazardous chemicals, can bear strict liability for any resulting injuries. The offender cannot avoid liability no matter how many precautions they might have taken. Examples include:
- The use and transportation of hazardous chemicals and nuclear materials (Think of the 1984 Bhopal disaster in India.)
- Blasting drilling
Although it is not always clear exactly what an “abnormally dangerous activity” is, to qualify, it must not be commonly engaged in locally and must involve a foreseeable risk of harm.
Keeping Wild Animals
In Georgia, it is against the law to keep lions, tigers, jaguars, cheetahs, bears, wolves, crocodiles, alligators, and venomous snakes (Exceptions apply for zoos and other cases.). If someone is injured in an attack, owners bear strict liability even if the ownership did not violate the law.
Dog Bites
While Georgia does not technically have a “one-bite rule,” a “first offense” bite by a previously gentle dog will not generate liability unless the owner’s dog bites someone without provocation and the owner knows of the dog’s vicious propensities. The owner is also strictly liable if they violated a leash law or if they knew their dog was dangerous.
Hiring a Lawrenceville Personal Injury Lawyer Can Greatly Enhance Your Chances of Victory
Hiring the right Lawrenceville personal injury lawyer could be an essential step in obtaining the full value of your strict liability claim. Most personal injury lawyers will be happy to schedule you a free initial consultation.
Contact Us for a Free Case Review
We’ll determine whether you can take legal action to recover compensation during your free consultation.
Contact an experienced Lawrenceville personal injury lawyer at Lawson Personal Injury Attorneys at 678-710-3304 for a free consultation.