Do I Have a Case? Part II: Intentional Torts and Strict Liability

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You have been injured as a result of another party's action. It is helpful to know that, in addition to the other party's negligence (as discussed in previous blog on Negligence) there are to other claims, or causes of action, that may be available to you to be fairly compensated for your injury or injuries, or the death of a loved on: intentional torts and strict liability.

Intentional Torts

As the name suggests, intentional torts are the opposite of negligence torts. Unlike negligence, to succeed in recovering damages in an intentional torts claim you must prove that the party intentionally committed an action (or failed to act) in a manner that it knew or should have known would cause you harm and injury as a direct result of its action (or failure to act). Some intentional torts, such as assault and battery, are subject to criminal law enforcement as well as civil liability. (A major difference between the civil and criminal liability is that a civil lawsuit has a far lower legal standard of proof of ' preponderance of the evidence' compared to a criminal case standard of 'beyond a reasonable doubt.' another difference is that a criminal enforcement is for prosecution and punishment of the alleged criminal perpetrator, but does not result in any financial compensation to the victim of the intentional tort. By contrast, a civil action results, if successful, in a financial recovery for the victim of the intentional tort - you or the family of a loved one in the case of a wrongful death. This blog discusses in detail only the civil liability aspect of intentional torts.

As with a negligence tort claim, your personal injury attorney will advise and represent your interests to establish the other party's/defendant(s)' liability for committing the intentional tort against you, then make sure that you recover adequate compensation (damages) to meet all of your financial needs, including physical, emotional, and psychological harm. Once your lawyer proves based on the facts of your case that the other party or parties (defendant or defendants) intentionally committed a negligent act against you, your lawyer will ask the court to order the defendant(s) to compensate you adequately for your costs.

Strict Liability

A strict liability case is the most difficult for a party to defend. Such cases are generally so-called 'product liability' personal injury lawsuits, when a person who is injured when using a consumer product claims that his or her injury was caused by a defect or hazard in the design or nature of the product and the hazardous or defective product was manufactured, marketed, and/or sold without adequate warnings to the consumer of its the hazard. The injured plaintiff is not required to prove that the defendant did anything wrong, either through its negligence or intentionally. The fact that you were injured as a direct result of using its product is the only fact that matters.

Like intentional torts, product liability cases based on strict tort liability are far less frequent than car accidents or other negligence cases.

If you are injured as a result of using a consumer product you should contact a personal injury/product liability attorney at the Burleson, Texas law firm from the law firm of Lovelace & Killen. An experienced legal expert will evaluate the facts of your case to determine whether you have a case, and, if you do, whether strict liability applies or if it should be brought as a negligence suit against the defendant(s) who marketed, manufactured, and/or sold the product that caused your injury.

If you have any additional questions regarding a personal injury claim, please call our office at 817-447-0053 to make an appointment with Koy Killen or fill out the form on the right for a free consultation.