Most personal injury claims arise as the result of motor vehicle accidents. All motorists have a duty to exercise reasonable care when operating a motor vehicle. If they breach this duty (are negligent) and all of the elements of a negligent case are proven in a civil trial, they may be held liable for damages. Negligence is also the legal basis for many personal injury claims other than motor vehicle accidents, such as medical malpractice. As for personal injury claims, may they be brought on some legal basis other than negligence?
Yes, personal injury lawsuits may be brought on legal bases other than negligence. An intentional tort may give rise to a personal injury claim. Also, a defendant may be found liable for a personal injury claim based on the legal theory of strict liability.
If a personal injury plaintiff incurs injuries as the result of an assault, trespass, false imprisonment or other intentional action, she is seeking to recover damages incurred as the result of intentional, rather than negligent, conduct.
Those who commit an intentional tortious wrong such as assault, may be held liable by the state in a criminal court of law. The party that was assaulted may also bring a personal injury claim based on intentional conduct in a civil proceeding, which is entirely separate from any criminal proceedings initiated by the state.
Strict liability is an area of tort law that has grown substantially in the last fifty years. Under this legal theory, designers and manufacturers are held strictly liable for injuries from products that are defectively designed, manufactured, or marketed.
A plaintiff in these cases is not required to establish negligence on behalf of the manufacturer. Instead, a plaintiff must only demonstrate that the product was designed or manufactured in a manner that made it unreasonably dangerous when a consumer used the product as intended.
If you or a loved one has suffered any type of injury resulting from any type of accident, contact Powell Law at (570) 961-0777. Our decades of experience make us the clear and obvious choice for all types of legal representation in the Scranton/Wilkes-Barre and surrounding areas. The consultation is FREE and you don’t pay anything unless we win. Our attorneys, past and present, have represented motor vehicle accident victims for 113 years. Call today!