Personal Injury Claims: Negligence vs Strict Liability

Article from Jun 3, 2024

Personal Injury Claims: Negligence vs Strict Liability

Personal injury claims can be complex, particularly when distinguishing between negligence and strict liability. Understanding the differences between these two legal concepts is crucial for anyone involved in a personal injury case.

Negligence in Personal Injury Claims

Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. In personal injury claims, the plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused the injury. Common examples include car accidents, medical malpractice, and slip-and-fall incidents.

Examples of Negligence

  • Car Accidents: A driver runs a red light and causes a collision, injuring another driver.
  • Medical Malpractice: A doctor fails to diagnose a treatable condition, leading to patient harm.
  • Slip-and-Fall Incidents: A store owner neglects to clean up a spill, resulting in a customer slipping and getting injured.

Strict Liability in Personal Injury Claims

Strict liability, on the other hand, does not require proof of negligence. Instead, the defendant can be held liable simply because the activity or product was inherently dangerous. This legal concept is often applied in cases involving defective products, hazardous materials, and certain animal attacks. Under strict liability, the plaintiff only needs to demonstrate that the injury occurred and was caused by the defendant’s actions or products.

Examples of Strict Liability

  • Defective Products: A manufacturer sells a faulty appliance that catches fire and injures the user.
  • Hazardous Materials: A company improperly stores toxic chemicals that leak and cause environmental damage and health issues.
  • Animal Attacks: An owner is held liable when their pet, known to be aggressive, bites someone.

Comparing Negligence and Strict Liability

Understanding the distinctions between negligence and strict liability is vital for effectively handling personal injury claims. Each legal concept has its own requirements and implications, influencing the strategy and potential outcomes of a case.

Legal Outcomes

  • Negligence Cases: The plaintiff must prove duty, breach, causation, and damages. If successful, the defendant may be required to pay compensation for medical expenses, lost wages, and pain and suffering.
  • Strict Liability Cases: The plaintiff does not need to prove negligence, only that the injury occurred due to the defendant’s actions or products. Compensation can include costs for medical treatment, property damage, and other related expenses.


Understanding the differences between negligence and strict liability is crucial for anyone involved in a personal injury case. Each legal concept has its own requirements and implications, which can influence the strategy and potential outcomes of the case. For those dealing with personal injury claims in Burbank, Glendale, or Los Angeles, seeking legal advice from experienced attorneys can make a significant difference in the outcome of their case.


What damages can be claimed in personal injury cases? Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages.

How long do I have to file a personal injury claim? The statute of limitations for personal injury claims varies by state. In California, you generally have two years from the date of the injury to file a lawsuit.

What should I do immediately after a personal injury incident? Seek medical attention, document the incident (photos, witness information), and contact a personal injury attorney to discuss your case.

Can I still file a claim if I was partially at fault for my injury? Yes, California follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault, but your compensation may be reduced by your percentage of fault.

What is the process of a personal injury lawsuit? It typically involves filing a complaint, discovery (gathering evidence), settlement negotiations, and possibly a trial if a settlement is not reached.

How is pain and suffering calculated in a personal injury claim? Pain and suffering are typically calculated based on the severity of the injury, the impact on the victim’s life, and other subjective factors, often using a multiplier method on the economic damages.

What is the role of insurance companies in personal injury claims? Insurance companies may be responsible for paying out claims, but they often aim to minimize payouts. Having an attorney can help negotiate fair compensation.

What types of evidence are important in personal injury cases? Important evidence includes medical records, witness statements, photographs of the scene, police reports, and any other documentation that supports your claim.

Can I handle a personal injury claim on my own? While it’s possible, having an experienced attorney can significantly increase your chances of receiving fair compensation due to their knowledge of legal procedures and negotiation skills.

What is a contingency fee basis in personal injury cases? Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is typically a percentage of the settlement or judgment amount.

What should I bring to my initial consultation with a personal injury attorney? Bring any relevant documents such as medical records, police reports, photographs, insurance information, and any correspondence related to the incident.

How long does it take to resolve a personal injury case? The duration varies widely depending on the complexity of the case, the willingness of parties to settle, and court schedules. It can range from a few months to several years.

About ANTN Law

ANTN Law specializes in criminal defense, personal injury, and post-conviction relief. Our dedicated team is committed to securing the best possible outcomes for our clients. For more information or to schedule a consultation, visit our contact form.

External Link

For more detailed information on personal injury laws, visit the U.S. Consumer Product Safety Commission website.