Under Georgia strict liability laws, companies can get held responsible for the damage defective products cause consumers regardless of whether they were negligent or not. Under the same legal doctrine, animal owners can get held responsible for any damage their wild animals cause, regardless of whether they were negligent or not.
Do you think you were recently injured in a situation where Georgia strict liability laws may come into play? Learn everything you need to know below.
Definition of Strict Liability Under Georgia State Law
First, you need to understand the definition of various terms under Georgia strict liability laws. Here is an overview of some key definitions to know:
• Negligence: Failure to uphold legal duty to provide care for someone else
• Strict liability: Allows injured person to sue regardless of negligence
• Defective products: Unreasonably dangerous product when used as intended
• Product recalls: Request from the FDA to recall products due to a safety issue
• Wild animals: Any animal that is not normally a domestic species in Georgia
Strict Liability Case Types
Next, you need to know about the various case types that Georgia strict liability laws impact. In general, strict liability can impact cases involving defective products, product recalls, dog bite cases, exotic animal attacks, drag racing, skydiving, and other dangerous activities.
How Does Strict Liability Affect My Case?
Were you injured in a recent accident? Strict liability might affect your case if your injury was the result of a defective product, an animal attack, or caused by someone who was participating in a dangerous activity. If Georgia law identifies the other party as strictly liable for your losses, then you’ll have a better chance of getting compensation if you file a claim against them.
Defining Strict Liability
In a nutshell, strict liability is a legal doctrine that will hold a party responsible for their actions regardless of whether negligence was a factor at the time of the accident. Strict liability is applied in several situations, including both criminal and civil law. In criminal cases, strict liability applies regardless of the defendant’s intent. In civil cases, it applies regardless of negligence.
Possession of Wild Animals
Under strict liability in Georgia, a person who chooses to own or keep a wild animal is fully responsible for that animal’s actions. Per the definitions above, a wild animal is considered any animal that isn’t typically domesticated in the state of Georgia. If that animal causes injury to someone else who isn’t provoking the animal, then the owner will be held financially responsible for the losses caused by the attack.
Another common strict liability claim in Georgia involves product liability. In Georgia, strict liability laws allow consumers to sue a product manufacturer, distributor, or retailer when they’ve been injured by a defective product. The defendant’s negligence doesn’t matter, so long as the marketed product caused harm. The reason for this is because manufacturers, distributors, and retailers are all strictly liable for the products they offer to the public.
How to Prove Strict Liability Cases
If you’re filing a strict liability claim, then the good news is that you won’t have to prove negligence or fault. This will streamline your claim and make it much easier for you to find success. Despite that, you’ll still have to prove a few things in order to win your case. Here’s what you’ll need to prove:
• The other party manufactured the product, owns the pet, or was participating in the activity
• The product, pet, or activity directly caused the accident
• The accident resulted in specific losses
• The value and extent of your losses
Georgia Dog Bite Laws
Under Georgia law, dogs aren’t considered wild animals but rather domestic pets. Despite that, dogs can also cause severe injuries as a result of a bite or attack. In these cases, strict liability does not come into play right away. Instead, Georgia courts operate on a modified one-bite rule.
According to this rule, a pet owner will be held liable if they knew or had reason to believe that the dog was vicious and dangerous. The pet owner should know that the dog is dangerous if the dog has a history of biting people in the past. The pet owner can also be held liable if the owner was careless or the dog bite attack was completely unprovoked.
Abnormally Dangerous Activities
Some activities are inherently dangerous, like handling explosives or discharging hazardous substances. When a company or entity performs one of these “ultrahazardous” activities, they may be held strictly liable for any injuries that result even if that entity was attempting to be as safe as possible.
Do You Have More Questions Regarding Georgia Strict Liability Laws?
Georgia strict liability laws might impact your case if you were recently harmed by a defective product, an animal attack, or while someone else was engaging in a dangerous activity. If you’re considering filing a claim against the legally liable party, then you might be able to recover compensation to cover the losses you’ve suffered.
Before you take on the entity or person you think is responsible, it makes sense to consult with an attorney about your situation. Schedule a consultation to learn more about your legal options today.