Massachusetts Personal Injury Library
Strict Liability in a Massachusetts Personal Injury Lawsuit
In Massachusetts, state law recognizes strict liability as one of 3 actionable torts, or wrongdoings. The other two torts, negligence and intentional, revolve around the at-fault party’s inability to act appropriately. An actionable tort is focused on unforeseen dangers.
What is strict liability?
Strict liability is a tort in which a situation is deemed inherently dangerous and the party in charge of the situation is held liable regardless of good faith or precautionary measures.
A good example is a zoo or wild animal sanctuary. The park may have the strongest cages and a slew of safety devices installed, but if one animal somehow escapes and attacks you, the park is held under strict liability for your injuries.
How does strict liability factor in my Massachusetts personal injury case?
Massachusetts is known as a “strict liability state” meaning it recognizes strict liability as a valid tort in a personal injury lawsuit. When bringing a personal injury lawsuit before a court with a strict liability claim, the only issue looked at is the amount of damages being sought. There is no question of negligence or ill-intent at this stage.
Do I have a strict liability case with my personal injury lawsuit?
Only an experienced Boston injury liability attorney can tell you for certain whether your personal injury was a matter of negligence, intentional tort, or strict liability. If you were injured in a situation that carries a good amount of inherent danger, such as a zoo of wild animals or a demolition site, your injury may be classified as a result of strict liability. To make sure you are pursuing the correct path of justice, you should consult with a personal injury attorney before filing your claim.
Contacting a Massachusetts Personal Injury Attorney
Your Massachusetts personal injury lawsuit may be simplified by claiming strict liability charges against the defense. An experienced personal injury attorney can review your case and determine the best course of action to reach a settlement. Call the Kiley Law Group to schedule a FREE evaluation of your case – (888) 208-1695.
