NJ Personal Injury Law: Strict Liability

Strict liability is a standard of liability which is applicable even when a Defendant was neither negligent nor had any intent of wrongdoing. A Plaintiff need only prove that an injury occurred and that it occurred in a certain way, for instance as the result of being bitten by a dog. Strict liability is a commonly used theory of liability in cases involving harm caused by animals, an employer’s responsibility for his or her employees, and abnormally dangerous activities. In strict liability cases, Defendants who engage in certain dangerous activities are held liable for damages even when using the highest standard of care possible. Strict liability differs from negligence in that no fault on the part of the Defendant is required before liability is imposed.

New Jersey law imposes strict tort liability on owners and operators of hazardous waste facilities for all direct and indirect damages resulting from the operation or closure of the facility, including personal injuries, medical expenses and cleanup and removal of any discharge of a hazardous substance. Dog owners in New Jersey are held strictly liable for injuries caused by their dog on public property or when the Plaintiff is lawfully upon private property, including the property of the dog owner. Strict liability is also imposed upon, but not limited to, certain sellers and manufactures of defective products and persons in violation of specific environmental laws.

The doctrine of strict liability renders a Defendant’s intent or negligence irrelevant, and holds them liable if a Plaintiff can prove that the injury occurred in the manner alleged. NJ personal injury law imposes strict liability on those who commit certain torts, such as spilling dangerous chemicals, manufacturing certain defective products, or allowing their dog to cause injury to another. 

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Dog Bite Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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