What is strict liability?

In personal injury claims, you typically have to prove negligence in order to secure a compensation award. However, that is not the case with claims involving strict liability.

In negligence cases, you must show that another party was at fault for the harm you suffered by breaching their duty of care towards you. When strict liability applies, you must only prove that the defendant caused your injuries and not that they acted wrongfully or carelessly.

This guide will explain more about strict liability and when it applies in personal injury cases. You can also speak to a legal adviser by calling 0800 470 0474 or using our online claim form. If you have a valid case, we can help you start a claim for compensation on a no win no fee basis.

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Table of Contents

• What is liability in personal injury claims?
• What is strict liability?
• When does strict liability apply in personal injury law?
  • Defective products
  • Dangerous animals
  • Unusually dangerous situations
• What is the difference between strict liability and negligence?
• What is vicarious liability?
• What do I have to prove in strict liability cases?
• Are there defences to strict liability claims?
• What is the time limit to make a strict liability claim?
• How much compensation can I claim?

What is liability in personal injury claims?

In personal injury claims, liability refers to one party’s legal responsibility for causing damages to another party. Liability arises from a duty of care, which is a legal obligation to take reasonable steps to prevent harm to others.

A duty of care is established by common law and legislation such as The Road Traffic Act 1988 and the Health and Safety at Work Act 1974. For example:

• Employers have a duty of care to provide a safe working environment for employees.
• Drivers have a duty to follow road laws and drive responsibly to prevent accidents.
• Doctors have a duty to provide competent medical care to patients.
• Property owners have a duty to maintain safe premises for visitors.

If liability can be proven, you will be awarded compensation for any losses incurred due to someone else’s fault. There are several types of liability in personal injury claims:

• Negligence-based liability. This is the most common type of liability and occurs when a person or organisation fails to take reasonable care, leading to injury or harm. For example, it applies if a driver runs a red light and causes an accident.
• Strict liability. Strict liability applies when a person or organisation is held responsible for harm, even if they were not negligent or at fault. For example, a manufacturer is liable for any injuries caused by a defective product they released.
• Vicarious liability. This type of liability arises when one party is held responsible for the actions of another. It typically applies to employer-employee relationships.

What is strict liability?

In personal injury law, strict liability refers to situations where a party can be held automatically responsible for harm caused to another party.

This principle acknowledges that some activities or products inherently carry a significant risk of harm. As a result, those engaging in such activities or manufacturing such products are held accountable for any resulting injuries.

This means that a claimant seeking compensation does not need to prove that the defendant acted negligently or with wrongful intent. They must only prove that the harm occurred and that the other party was responsible for the product, activity, or situation that caused it.

Unlike negligence cases, strict liability does not focus on the defendant’s conduct. Instead, the focus is on the nature of the product or activity involved. If the law considers these inherently dangerous, the party in charge of them may be strictly liable for damages.

When does strict liability apply in personal injury law?

Strict liability applies to several situations in personal injury law, including:

Defective products

One of the key areas where strict liability applies is for claims relating to injuries caused by faulty products. With product liability claims, the principle of strict liability for manufacturers, distributors and sellers is imposed by the Consumer Protection Act 1987.

As a result of this, a person injured by a faulty product needs only to prove that the product has a defect, not that the manufacturer was actually at fault for the defect. Examples of defective products that could lead to a strict liability claim include:

• Defective vehicle parts, such as faulty brakes or exploding airbags
• Contaminated food or beverages that lead to poisoning or allergic reactions
• Defective children’s products and toys

Dangerous animals

Under the Animals Act 1971, owners of dangerous animals are strictly liable for any harm caused by their pets. In such cases, you do not need to prove negligence, only that the defendant kept an animal of a dangerous breed.

The Dangerous Dogs Act 1991 forbids people to own, breed or sell the following breeds of dogs: Pit Bull Terrier, Fila Brasileiro, Dogo Argentino and Japanese Tosa. Any injuries caused by one of these breeds can lead to a strict liability claim.

Unusually dangerous situations

Strict liability is also imposed for specific activities and situations that are inherently dangerous. These include transporting hazardous materials, storing explosives, oil spills, blasting, and demolition.

What is the difference between strict liability and negligence?

Most personal injury claims are fault-based. This means that you must prove that the defendant’s negligence caused your injuries and losses to reach a successful settlement.

To do this, you will be required to demonstrate that the defendant owed you a duty of care and that their breach of this duty directly led to your injuries. What is more, the court will also verify that three more factors were present:

• That the risk of harm could be considered reasonably foreseeable
• That it is reasonable and fair to consider the defendant responsible for the injuries sustained
• That there was a relationship of proximity between you and the defendant.

These requirements are placed on most claim cases, though some refer to the principle of strict liability instead.

In cases of strict liability, the defendant is responsible without the need to demonstrate negligence or intention.

This means that the court does not need to be satisfied that the defendant intended or was aware of the potential for harm. The claimant is also not obliged to prove that the defendant was negligent.

For example, to bring a product liability claim, you only need to show that:

• The product was defective
• It caused the injury and losses you are claiming
• The defendant is responsible for the product

The key difference is that strict liability does not require proof of negligence, while negligence claims require evidence that the defendant acted carelessly.

What is vicarious liability?

The concept of vicarious liability is closely related to strict liability. This is a legal principle where one party is held responsible for the wrongful actions of another, even if they were not directly at fault.

In personal injury law, this typically applies to employers, who may be held liable for the negligent or wrongful acts of their employees if the actions occurred while doing their job. For example:

• A delivery company may be responsible if its driver causes a collision while making deliveries.
• A nightclub may be liable if a security guard assaults a customer.
• A private hospital can be held liable if a doctor employed by them makes a mistake during treatment.
• A school may be liable if a child is injured due to poor supervision from the teachers.

Vicarious liability ensures that the injured party can claim compensation from an employer or organisation with the means to pay damages rather than an employee who may lack financial resources.

It also encourages employers to maintain proper training and supervision to prevent negligence.

What do I have to prove in strict liability cases?

Even in claims for strict liability, you still have to prove that you suffered harm caused by the defendant’s actions. The types of evidence you could use to support your strict liability claim include:

• Medical records to prove the type and extent of your injuries, the treatments received and your recovery prospects;
• Reports from expert witnesses who can confirm the defect or risk causing your injuries and your future care needs;
• Photographs or videos of the accident scene showing the incident scene, hazardous product or dangerous situation;
• If available, CCTV footage of the incident can show what happened beyond a doubt;
• Pictures of your visible injuries and recovery process;
• Statements from witnesses who saw what happened or can confirm the danger involved;
• Your own testimony about what happened and how it has affected your life;
• Receipts or other proof of purchase of a defective product;
• You also need proof of financial losses and expenses incurred as a result.

Your solicitor will help you gather everything you need to support your claim and secure the compensation you deserve for your losses.

Are there defences to strict liability claims?

Yes. While strict liability does not require proof of negligence, the defendant could still use a number of defences to avoid paying compensation, such as:

• Prove that a product was free from defects and met industry standards by the time it left their control;
• Present evidence of other possible causes for the claimant’s injuries, such as pre-existing conditions or user error;
• Challenge the extent and nature of the claimant’s injuries;
• Highlight a lack of clear evidence linking them to the claimant’s injuries;
• Argue that the claimant knowingly and voluntarily took on the risks associated with the activity or product;
• Prove full compliance with industry standards and regulations;
• Show that the claimant used their product in an unintended, unforeseeable way.

In strict liability cases, the burden of proof is upon the defendant. This means they are the ones who must provide evidence to disprove liability or establish a valid defence.

What is the time limit to make a strict liability claim?

Strict liability claims are still bound by the Limitation Act 1980. That means you have three years to seek compensation, starting from either:

• The date you suffered your injuries;
• The date your injuries were diagnosed;
• The date it is confirmed that a defective product caused your injuries.

It is worth mentioning that, in cases related to faulty products, you cannot bring a claim later than ten years after the product was first put into circulation.

There are a few exceptions to the three-year limitation date:

• Child injury claims can be brought any time before the child’s 18th birthday, regardless of when the incident took place. Once they turn 18, they have until 21 to claim compensation themselves.
• The time limit is paused or suspended if the injured party lacks mental capacity. This could be due to a brain injury or a condition such as Down syndrome or dementia. A litigation friend could claim on their behalf at any time.
• Claims for fatal injuries have a three-year time limit, starting from the date of death.

How much compensation can I claim?

The amount of compensation awarded for a successful strict liability claim is calculated on a case-by-case basis. Your solicitor will carefully assess all your losses to ensure you receive a fair settlement. This will consist of two types of damages:

• General damages are awarded for the actual injury you suffered and its impact on your life. Examples include physical pain, mental distress, scarring, inability to engage in daily activities and loss of companionship.
• Special damages are awarded for financial losses and expenses related to the injury. These could be medical expenses, loss of earnings, travel expenses or care costs during recovery.

According to our personal injury compensation calculator, you could receive:

• £5,920 to £104,370 for a broken arm, depending on the severity
• £7,780 to £12,010 for leg injuries with full recovery within a few months
• £22,130 to £30,910 for back injuries that lead to some degree of long-term disability
• £1,450 to £8,400 for mild concussions with no long-term effects
• £23,150 to £59,860 for PTSD that causes significant disability, but some recovery is possible

To find out if you have a legal right to make a strict liability claim, speak to one of our legal advisers by calling 0800 470 0474 or request a call back. If you have a valid claim and want to proceed, your solicitor will work under a no win no fee agreement, so there is no financial risk.