Strict Liability vs. Negligence in PA Personal Injury Cases
All forms of personal injury claims are predicated on holding an at fault party responsible for an injurious accident. However, there is a distinction between claims using strict liability statutes and those which require proof of negligent or reckless actions. In Pennsylvania, only a handful of personal injury accident types are eligible for strict liability. Today, our personal injury attorneys will be defining strict liability, negligence and recklessness, and when each legal concept will come into play for different types of injurious accidents.
Bucks County, PA Personal Injury Lawyers Define Strict Liability and Negligence
Depending on the nature of your case, your Bucks County personal injury lawyer may seek to prove either strict liability or negligence within your personal injury claim. Both of these legal concepts are meant to find the at fault party and hold them accountable for your accident.
Strict Liability claims entail cases where the responsible parties will be found to be at fault regardless of any negligence or reckless actions. In other words, there is no burden of proof on the plaintiff to show that any specific wrongdoing led to the accident.
Negligence must be proven within non-strict liability personal injury claims. In these cases, your Bucks County attorney will need to show that another individual or entity acted negligently or recklessly, causing your injuries. Negligence may be defined as any failure to behave as a reasonable person should.
Northeast Philadelphia Strict Liability Attorneys Discuss Personal Injury Cases
In Pennsylvania, there are two primary types of personal injury cases which use strict liability laws. Your Northeast Philadelphia strict liability attorney will not need to prove negligence or recklessness if you have been injured by a:
Defective product – for those injured by defective products, there is no burden of proof to show negligence or recklessness in order to recover financial compensation through personal injury claims. This regulation was put into place to protect consumers from dangerous products. Victims may hold the manufacturer, assembler, distributor, or retailers responsible dependent on the situation.
Dog bite – While dog bites are actually considered “limited liability” incidents in PA, owners shall be liable for injuries which occur as a result of a dog bite in most cases. Exceptions may include when the victim is on private property without being invited or outside the boundaries of a civil duty (such as a USPS delivery person), or injuries which occurred if an animal was provoked. Damages available to dog bite victims are also limited in Pennsylvania. To learn more, navigate to our dog bite page.
Levittown Negligent Liability Lawyers Discuss Negligence and Recklessness
For most other personal injury claims, your Levittown negligent liability lawyer will need to find fault by proving that another party acted negligently or recklessly. Common examples of these types of personal injury cases include:
Motor vehicle accidents – unless your accident was caused by a defective motor vehicle, it will fall under the umbrella of negligent liability. Most often, car, truck, and motorcycle accidents will involve finding another driver or motor vehicle operator at fault for your injuries.
Premises liability accidents – property owners and managers are legally required to provide safe and secure environments for guests in Pennsylvania. Failure to do so resulting in an injury may be considered a premises liability claim. Examples include slip and falls and accidents due to negligent security.
Construction accidents – construction professionals encounter a laundry list of dangers in their every day work life. When injuries are the result of the negligence or recklessness of another party, victims may be entitled to financial compensation through a personal injury claim.
Contact our Bensalem Personal Injury Liability Attorneys Today
At Kamensky, Cohen & Riechelson, our attorneys have extensive experience serving clients from local Bucks County communities including Northeast Philadelphia, Levittown, Bensalem, Feasterville, Millbrook, Penndel, and all of Southeastern Pennsylvania. Our firm has been recovering full and fair compensation for the victims of injurious accidents in PA for well over 40 years. Over this time period, we have earned a reputation amongst our peers, our clients, lawmakers, and of insurance companies, with whom we have a long-standing and respectful relationship. If you are seeking a well established law firm to represent your legal rights in an ethical and professional manner, look no further.