Strict Liability

Contact Personal Injury Lawyers You Can Trust

How Strict Liability is Used in Personal Injury Law?

Strict liability is used in personal injury law when for three main purposes.

Product Liability

If a person is injured by a defective or dangerous product, strict liability allows the injured party to pursue recovery for the injury without having to prove negligence or carelessness. This holds companies and manufacturers responsible for potential injuries that their products may inflict and keeps consumers safe.

Abnormally Dangerous Activities

Abnormally dangerous activities are activities that have inherent risks that may not be avoided, despite the precautions a person or company takes. For example, if a company is transporting toxic chemicals, and they spill, despite the precautions said company took, those injured by the chemical spill can seek recovery for injuries incurred.

Dangerous Animals

Owners of dangerous animals are liable for the harm their animals cause. This includes both wild and domesticated animals.

Famous Cases Strict Liability

Was Used Escola v. Coca-Cola Bottling Co.

In 1944, a waitress, Gladys Escola suffered severe injuries to her hand when a Coca-Cola bottle exploded in her hand. Although a jury awarded her $2,900 in damages, the defendant’s legal team appealed the case. However, upon review of the case, Justice Roger Traynor believed that negligence from the company was comparable to the “rule of strict liability.” He later cited the Escola v. Coca-Cola Bottling Company case when pushing for the rule of strict liability for manufacturers.

When is Strict Liability Used in the Legal Process?

Personal injury attorneys may use strict liability to negotiate with insurance companies. They may cite strict liability laws in the demand letter to show that the defendant is responsible for the injuries, despite the precautions taken to prevent the injury.

Get In Touch With Us

free case consultation

800-800-4600

Is Strict Liability Used in Kentucky Personal Injury Law?

Yes! According to KY Rev Stat § 258.990 (1996 through Reg Sess), “The owner of any dog, cat, or ferret which bites a human being shall be liable to pay all damages for personal injuries resulting from the bite…”

Is Strict Liability Used in Tennessee Personal Injury Law?

Yes! According to TN Code § 44-8-413 (2024), “The owner of a dog has a duty to keep that dog under reasonable control at all times…A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog…” including in public places or on private property (even when lawfully on private property).

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

Free Case Consultation

CALL now 800-800-4600

Frequently Asked Questions About Strict Liability

What are the different types of strict liability?

Product Liability

Strict liability holds companies liable for injuries caused by their products, no matter what precautions they took to ensure safety.

Animal Attacks

Strict liability holds animal owners responsible for animal attacks.

Abnormally Dangerous Activities

Strick liability holds people and companies responsible for exceptionally dangerous activities, no matter the prevention methods put into place to attempt to avoid injury.

What are the requirements for strict liability?

To prove that a company or person should have strict liability in a situation, the plaintiff must prove the following:

An injury occurred
There was a defective product created by a manufacturer or company or a dangerous situation

In a strict liability claim, the plaintiff does not need to prove negligence or intent to harm.

Why is strict liability important?

Strict liability gives consumers the peace of mind that, if they are using a defective product, they will have the ability to seek recovery from the company or manufacturer of said products. It also gives people living in areas where abnormally dangerous activities (such as transport of hazardous chemicals) occur the ability to make personal injury claims against companies and people, should an injury occur.

In cases where proving negligence is difficult, a personal injury attorney may be able to tell you if you have a case under the doctrine of strict liability.