What is Strict Liability in A Premises Liability Lawsuit?

When it comes to premises liability lawsuits in Texas, there are two main theories of liability: negligence and strict liability. While negligence requires a plaintiff to prove that the defendant was negligent in their duty to maintain a safe property, strict liability imposes liability on the defendant regardless of whether they were negligent. In this blog post, we will focus on explaining what strict liability is in the context of premises liability lawsuits in Texas.

Definition

Strict liability is a legal doctrine that holds a defendant responsible for harm caused to a plaintiff, regardless of whether the defendant was at fault or negligent. This means that the plaintiff does not need to prove that the defendant was negligent or breached their duty of care. Rather, the plaintiff only needs to show that the defendant was responsible for the property where the harm occurred.

Application in Premises Liability Lawsuits

In the context of premises liability lawsuits, strict liability typically applies to cases involving inherently dangerous conditions on a property. Examples of inherently dangerous conditions include storing explosives, keeping wild animals, and maintaining hazardous chemicals. If a plaintiff is injured due to an inherently dangerous condition on a property, they may be able to hold the property owner strictly liable for their injuries.

Burden of Proof

While strict liability does not require the plaintiff to prove negligence or fault, they still have the burden of proving that the defendant was responsible for the property where the harm occurred. This means that the plaintiff must be able to establish that the defendant had control over the property and knew or should have known about the dangerous condition.

Defenses

There are some defenses that may be available to defendants in strict liability cases, such as arguing that the plaintiff was aware of the danger and assumed the risk. Additionally, defendants may argue that they did not have control over the property or that they did not know or should not have known about the dangerous condition.

Importance of Legal Representation

Strict liability cases can be complex, and it is important to have an experienced premises liability attorney on your side. An attorney can help you navigate the legal process, gather evidence to support your case, and negotiate a fair settlement or take your case to trial if necessary.

In conclusion, strict liability is a legal doctrine that holds a defendant responsible for harm caused to a plaintiff, regardless of whether the defendant was at fault or negligent. In the context of premises liability lawsuits in Texas, strict liability typically applies to cases involving inherently dangerous conditions on a property. While the burden of proof is lower for plaintiffs in strict liability cases, defendants may still have defenses available to them. It is important to have an experienced premises liability attorney on your side to help you navigate the legal process and pursue the compensation you deserve.  Contact The Bryant Law Firm for a free consultation regarding your case today.

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