After an accident that caused an injury, many individuals turn to filing a lawsuit for personal injury. While this seems easy enough, there are certain situations that could hold you up. In most cases, you simply find the individual who was negligent and file the lawsuit against him or her. What happens when negligence isn’t an issue? Can you still find a liable party? The following breaks it down.
In some cases, a person or company could be strictly liable for things that damage another human, though it wasn’t intentional. For example, a company that made a product for the benefit of others is trying to do good in the world. If that product happened to be defective, the company could be held strictly liable for that issue. As the plaintiff, you would be under no obligation to prove negligence, making the case different from other personal injury lawsuits.
Other situations that can be tried under “strict liability” include cases against companies that store dangerous substances. If a company regularly stores an explosive material — even if they are following guidelines and regulations — and you are injured from an explosion that started with those materials, it could be tried on strict liability. This can also happen against companies who use explosives, store other dangerous substances, or who have dangerous animals on the property.
Other Avenues for Negligence
If you can’t prove negligence with one particular party, you might try to go down some other avenues for negligence. For example, if you purchase a product that was seemingly safe and it caused you an injury, you might try to sue the manufacturer. There’s a possibility the manufacturer wasn’t the problem. Perhaps the shipping company made a mistake, resulting in the product becoming dangerous. Perhaps the seller altered the product just a bit, in turn, making it dangerous. Looking into these things can help you find responsibility in a party you may have not initially thought could be liable.
Getting a Lawyer Involved
Personal injury lawsuits can get complicated, but with a lawyer by your side, it can be a bit easier to get through. If you need to hold someone responsible for an injury you sustained, it may be time to get your lawyer involved. Whether for a case that can be tried on strict liability or one in which you have to get creative to find negligence, contact an attorney, like a personal injury attorney from Ward & Ward Law Firm, for help today.