When it comes to personal injury cases in New York, it’s important to have a clear understanding of the concepts of negligence and strict liability. Both are legal doctrines that can be used to hold parties responsible for harm caused to another person, but there are significant differences between the two.
In this article, we’ll explore the key differences between negligence and strict liability, and provide examples of how they are applied in New York personal injury cases.
Table of Contents
Negligence
Negligence is a legal concept that focuses on fault. It occurs when a party fails to exercise the degree of care that a reasonable person would have exercised in similar circumstances. The injured party must prove four elements to establish negligence:
- Duty: The defendant owed the plaintiff a duty of care
- Breach: The defendant breached that duty of care
- Causation: The defendant’s breach caused the plaintiff’s injury
- Damages: The plaintiff suffered damages as a result of the injury
Duty of Care
Duty of care refers to the legal obligation of a person or entity to behave in a reasonable manner and take reasonable steps to prevent harm to others. For example, a driver has a duty to obey traffic laws and drive safely.
Breach
Breach occurs when a party fails to fulfill their duty of care. In a personal injury case, this could mean a driver runs a red light or a doctor fails to diagnose a medical condition.
Causation
Causation refers to the relationship between the defendant’s breach of duty and the plaintiff’s injury. The plaintiff must prove that the defendant’s breach caused their injury.
Damages
Damages refer to the actual harm suffered by the plaintiff as a result of the injury. This can include medical bills, lost wages, and pain and suffering.
Strict Liability
Unlike negligence, strict liability does not require the plaintiff to prove fault. Rather, strict liability holds a defendant liable for harm caused to another person regardless of fault or intention. The injured party must only prove two elements to establish strict liability:
- The activity or product was abnormally dangerous or defective
- The defendant engaged in the activity or sold the defective product
Abnormally Dangerous Activities
Abnormally dangerous activities are those that are inherently dangerous or pose a high degree of risk to others. Examples include the use of explosives or handling toxic chemicals.
Defective Products
A product is considered defective if it has a design flaw, manufacturing defect, or warning defect. A design flaw means that the product was flawed from the outset. A manufacturing defect means that the product was flawed during the manufacturing process. A warning defect means that the product did not contain adequate warnings about potential risks.
How Negligence and Strict Liability Are Applied in New York
New York law recognizes both negligence and strict liability claims in personal injury cases. In general, negligence claims are more common, while strict liability claims are reserved for cases involving abnormally dangerous activities or defective products.
Under New York law, comparative negligence is used to determine liability in cases involving both negligence and strict liability. Comparative negligence means that each party is allocated a percentage of fault for the injury.
For example, if a driver runs a red light and strikes a pedestrian, the driver would likely be found to have been negligent. However, if the pedestrian was also crossing the street when the light was red, they may be found to have contributed to their own injuries, and their damages would be reduced by their percentage of fault.
In cases involving strict liability, the defendant may still be able to argue that the plaintiff was partially responsible for their own injuries. For example, if a person was injured while using a defective product in a manner that was not intended by the manufacturer, the defendant may argue that the plaintiff was at fault for their own injuries.
Conclusion
Understanding the differences between negligence and strict liability is essential for anyone involved in a personal injury case in New York. While negligence relies on proving fault, strict liability does not, and instead focuses on abnormally dangerous activities or defective products. By consulting with an experienced personal injury attorney, you can determine which legal doctrine is most appropriate for your case and seek the compensation you deserve.