In California, strict liability holds individuals or entities responsible for damages caused by their actions or products, regardless of intent or negligence. This legal principle is crucial for accident victims seeking compensation. Understanding how strict liability applies can significantly impact the outcome of your personal injury claim.
What Is Strict Liability and When Does It Apply?
Strict liability is a legal doctrine where a party is held liable for damages without the need to prove negligence or fault. In California, this applies primarily to:
- Product Liability – Manufacturers and sellers can be held strictly liable if a defective product causes injury. According to the State Bar of California, victims of defective products have the right to seek compensation when harmed by dangerous goods, regardless of the manufacturer’s intent. Defects may include design flaws, manufacturing errors, or inadequate safety warnings.
- Dog Bites – California imposes strict liability on dog owners for bites, even if the dog has no prior history of aggression. The California Civil Code CIV § 3342.5 states that dog owners are automatically liable if their pet bites someone in a public place or lawfully on private property. If you want to learn more, here is how the Dog Bite Law in California protects victims.
How Insurance Companies Try to Avoid Paying in Strict Liability Cases
Even when strict liability in California applies, insurance companies will do everything possible to reduce or deny your claim. They know that if they can create doubt about the cause of your injuries, they can minimize your compensation or avoid paying altogether.
Here are some of the most common tactics they use:
Disputing the Severity of Injuries
Insurance adjusters often claim that your severe injuries are not as bad as you describe. They may:
- Argue that your medical records do not support your claims.
- Suggest that your physical therapy or medical treatment was unnecessary.
- Use delays in seeking medical care to suggest you weren’t seriously injured.
How Farahi Law Firm can help you:
- We work with medical experts to provide evidence of the true extent of your injuries.
- We ensure that all your medical costs are properly documented to support your case.
Challenging Causation
Even in strict liability cases, insurance companies try to argue that your injuries were caused by another event, not by the fault party. They may claim:
- You misused the defective product, which caused your injury.
- You provoked the dog that bit you, making you partially responsible.
- Your injury was due to a pre-existing condition rather than the accident.
How Farahi Law Firm can help you:
- We gather witness statements, police reports, and expert testimony to prove causation.
- We demonstrate how California’s strict liability laws protect victims even if negligence is not proven.
Offering Low Settlements
One of the most common tactics used by insurance companies is to offer lowball settlements to accident victims. They hope that financial pressure will make you accept less than you deserve.
- They claim your injuries are not serious enough to justify a higher settlement.
- They rush to settle before you know the full extent of your medical costs.
- They exploit your lack of legal knowledge to reduce your accident claim.
We can help you by:
- We calculate the full value of your claim, including medical care, property damage, and punitive damages.
- We negotiate aggressively with insurance adjusters to secure a fair settlement.
Maximize Your Compensation with Farahi Law Firm
At Farahi Law Firm, we are dedicated to securing the highest compensation for our clients through a strategic legal approach.
Building a Strong Case: Gathering Key Evidence
To support your strict liability claim, we collect crucial evidence, including:
- Medical records detailing the extent of your injuries.
- Police reports and witness statements that strengthen your case.
- Expert testimony to establish the severity and cause of your injuries.
Fighting Insurance Company Tactics
Insurance companies often delay claims and pressure victims into accepting low settlements. Our personal injury attorneys:
- Take over all communication with insurance adjusters so you don’t have to.
- Demand a settlement that fully covers your damages, including pain and suffering.
- Seek punitive damages if the at-fault party acted recklessly or violated safety regulations.
Taking Your Case to Court if Necessary
If the insurance company refuses a fair settlement, our experienced trial attorneys are prepared to fight for you in court, pursuing:
- Medical expenses and rehabilitation costs.
- Lost wages and future income.
- Property damage from car accidents or defective products.
- Punitive damages in extreme cases.
We work on a contingency fee basis—you don’t pay unless we win!
Know Your Rights & Take Action Today
Understanding strict liability in California is crucial for protecting your rights as an accident victim. Whether you were injured by a defective product, a dog bite, or another strict liability case, insurance companies will try to reduce or deny your claim. Without the right legal representation, you may not receive the fair compensation you deserve.
At Farahi Law Firm, we fight aggressively to ensure our clients are compensated for their medical costs, property damage, lost wages, and pain and suffering. Our personal injury lawyers have the experience and resources to take on insurance companies and win.
Don’t Wait—Strict Liability Cases Have Time Limits
California has strict deadlines for filing personal injury claims. If you wait too long, you could lose your right to maximum compensation.
Take action today! Contact Farahi Law Firm for a FREE consultation, and let us fight for the justice you deserve!
