Georgia Strict Liability

Georgia’s legal system allows family members to recover damages for the loss of their loved one when another party acted in a negligent or malicious manner. However, even in situations in which the other party showed no negligence or malicious intent, a strict liability claim can be made.

The doctrine of strict liability holds a party legally responsible for conduct that led to a wrongful death, regardless of whether this conduct was intentional. Cases that involve strict liability include defective products, animal care, hazardous activities, and some statutory crimes.

Defective product claims are the most common of all strict liability cases. If a person is injured because of a defective product, such as a tire that was not designed or manufactured properly, a strict liability claim may be filed. In the case of a defective tire, the plaintiff would not have to prove that the manufacturer was negligent in the designing or manufacturing of the tire; rather, the plaintiff needs to prove only that the tire was defective and caused injury and/or death.

Animal owners may be held legally responsible for the damages or injuries caused by their animals. For example, a person may file a strict liability claim against a farm owner whose animals got loose and caused the wrongful death of a person. This doctrine would also apply to the owner of a dog that attacks and kills another person.

Companies that engage in hazardous activities, such as oil drilling and blasting, may also be held responsible for damages and injuries that occur as a result of their activities. For example, if a party is performing blasting near a house and a passer-by is killed, strict liability may be imposed even if the party was not negligent.

A person who commits a statutory crime that causes the wrongful death of another may face strict liability charges. An example of this is a speeding driver who is involved in a collision that results in death. Just the fact that the driver was speeding, regardless of intent, is enough to show strict liability.

If you have recently lost a family member as a result of the actions of another party, you may be eligible to recover wrongful death damages. The compassionate wrongful death attorneys at Head, Thomas, Webb and Willis have helped countless families receive compensation for their loss. Contact our firm today for a consultation.