Many personal injury cases in Louisiana are negligence-based claims. You must prove that the party who caused your injuries did not use reasonable care. However, some personal injury cases are based on strict liability. Under strict liability, you do not need to prove the party was negligent to win your case.
However, strict liability claims do not automatically guarantee you will receive a settlement or judgment. To win your case, you must prove specific legal elements, even with strict liability.
Under What Circumstances Can You Claim Strict Liability in Louisiana for a Personal Injury Claim?
Strict liability applies to several types of personal injury claims. Generally, strict liability applies in cases involving:
- Dog bites and attacks
- Injuries caused by defective products
- Cases involving abnormally dangerous activities
In these cases, you do not need to prove the party intentionally caused you harm or acted without care. However, there are exceptions and requirements for each type of case.
Dog Bites and Attack Claims in Louisiana
Under Louisiana law, an animal owner is responsible for the damage caused by the animal when:
- The owner knew or should have known after exercising reasonable care should have known the animal would cause damage
- The damage could have been prevented if the owner had exercised reasonable care AND
- The owner failed to use reasonable care
However, the statute says that a dog owner is strictly liable for injuries to people or property caused by the dog, which the owner could have prevented. The injured party must not have provoked the dog for strict liability to apply.
Different rules apply to a dangerous dog. If the dog owner breaks the rules, they could be subject to strict liability and criminal charges for a dog bite.
If strict liability does not apply in your dog bite case, you can still seek compensation under general negligence. You would need to prove the elements of negligence to win.
Product Liability Claims
Under Louisiana law, a manufacturer is liable under product liability if a defective product causes someone harm. Three primary types of defects can result in strict liability – design defects, marketing defects, and manufacturing defects. Regardless of the type of defect, you must prove several key elements for strict liability for a defective product:
- The product was defective
- The party was responsible for designing, manufacturing, marketing, or selling the product
- You were using the product for its intended purpose
If you were using the product for something other than its intended purpose, you modified the product or were using the product against the manufacturer’s instructions, strict liability might not apply. In that case, the party might allege contributory fault applies.
Abnormally Dangerous Activities
Some activities are so dangerous that strict liability applies even if the party used reasonable care to avoid causing someone harm. Examples of abnormally dangerous activities might include:
- Blasting and demolition
- Transporting and/or storing hazardous materials
- Keeping wild animals
- Using mass pest control or poison
Not all dangerous activities fall within this category. Abnormally dangerous activities create a foreseeable and highly significant risk of harm to innocent parties, even when precautions are taken.
What Damages Can You Receive for a Strict Liability Personal Injury Claim in Louisiana?
Damages compensate victims for financial losses, physical injuries, pain, and suffering. If you prove liability for your claim, you can receive economic and non-economic damages for the harm you incurred. Examples of damages in a strict liability case include:
- Property damage
- Medical bills
- Loss of enjoyment of life
- Nursing and/or personal care
- Scarring and disfigurement
- Lost wages and benefits
- Out-of-pocket expenses
- Rehabilitative therapies
- Diminished quality of life
- Impairments and disabilities
- Reduced earning capacity
- Mental anguish and emotional distress
The amount of damages depends on several factors, including the severity of your injuries. It also depends on the parties involved in your case and whether you could be partially to blame for causing your injuries.
Does Contributory Fault Apply to Strict Liability Claims in Louisiana?
Contributory fault can prevent you from receiving the total amount of your damages.
Louisiana uses a pure comparative fault standard for personal injury claims, including cases based on strict liability. If you are partially to blame for causing your injuries, the court decreases your compensation by your percentage of fault.
Therefore, suppose a jury finds that you are 30% to blame for the cause of your injuries. In that case, the judge would reduce your damages award by 30 percent. Defendants and insurance companies often try to shift blame to the victims to avoid paying claims or a fair amount for damages.
What Is the Statute of Limitations for Strict Liability Cases in Louisiana?
Louisiana has a one-year deadline for most personal injury cases, including strict liability claims. The time begins on the date you were injured. However, some exceptions can change the deadline to file a personal injury lawsuit.
Therefore, seeking legal advice as soon as possible after an injury is important. Contact a Lafayette personal injury lawyer for a free consultation to discuss your case.
