There is often a lot of confusion over what “strict liability” is and what it applies to. Although the term roughly correlates to liability that does not depend on negligence (in other words, you are guilty if a particular event occurs, regardless of whether or not you had prior knowledge), this does not necessarily mean that any and all damage claims that do not require a plaintiff to first prove negligence fall under what strict liability is.
Premises Liability is not Strict Liability
For example, if someone else’s dog bites you, or you slip and fall on someone else’s property, this does not mean that you automatically have a strict liability claim in Louisiana. Property owners can refute or reduce a claim of negligence against them in response to these assertions (for example, a property owner who did not know that a dangerous condition existed, who exercised reasonable care prior to your slip and fall accident, etc.).
The mere existence of your injury does not automatically make the defendant liable.
There are elements that a plaintiff must first prove (hence the need for assistance from an experienced premises liability attorney).
Dog Bites
Similarly, Louisiana civil code requires that any plaintiff bit by a domestic dog first prove that the dog’s owner should have known that the dog would cause damage and failed to exercise reasonable care. The Supreme Court of Louisiana has also held that the plaintiff must show that the injuries could have been prevented by the dog owner and the dog presented an “unreasonable risk of harm.” However, the owner of the dog is strictly liable for injuries to the plaintiff or property caused by the dog that the owner could have prevented (as long as the damage did not result from the plaintiff provoking the dog).
Conversely, Louisiana courts have distinguished between domestic and wild animals; absolute liability applies to keepers of wild animals, and any harm caused carries strict liability without the plaintiff needing to first prove harm or negligence (hence, the theory of strict liability).
Traffic Violations
Many traffic violations also correlate with strict liability—for example, operating a vehicle without a license and speeding. It is irrelevant whether or not you knew what the law stated, or how fast you were driving–these are not viable defenses to the ticket you received.
Harrell & Nowak
Personal injuries happen all the time simply because some else was careless in what they did or how they acted. And many of these personal injuries could have been prevented by the wrongdoer simply taking reasonable and common sense steps.
The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries. Our accident lawyers will work to ensure that your rights are protected and that you receive a fair recovery if your injury has been caused by some else not being responsible.