In most personal injury cases, the burden is on the plaintiff to demonstrate that the defendant was negligent in a way that directly caused the plaintiff’s injuries. In legal terms, negligence is a failure to live up to certain legal, contractual, or professional obligations. However, claims that involve the concept of strict liability do not require proof of a particular negligent act.
Strict liability is most commonly used in defective product claims, although it can be applied to certain other cases such as dog bites. If you have been hurt by a badly designed or built product, the Des Moines product liability attorneys at LaMarca Law Group, P.C. can help. Call our offices at (515) 225-2600.
Proving Fault under Strict Liability
Strict liability refers to a manufacturer’s obligation to provide reasonably safe products for consumers. If a business allows dangerous items to be placed on the market, they are liable for any harm that results. A plaintiff does not have to prove a specific act of negligence because that would create an unreasonable burden of proof.
You may have grounds for a Des Moines strict liability lawsuit if you have been hurt by a consumer product and all of the following apply:
- The product has some defect that occurred during its design, manufacturing, or shipping.
- You were using the product as intended when the injury occurred.
- No one has substantially changed the product since it was sold.
- You were not aware of the defect or its dangers before using the product.
If your claim is successful, you could be able to win compensation for medical expenses, lost wages, pain and suffering, and more.
The Des Moines personal injury lawyers at LaMarca Law Group, P.C. have been helping injured parties seek justice for years. To discuss the best legal strategies for your case, contact us at (515) 225-2600.