Strict Liability Negligence

What is strict liability?  

Strict liability refers to a legal doctrine where a person or entity is held liable for damages or injuries caused by their actions, regardless of whether they were at fault. In other words, strict liability does not require the defendant to prove the plaintiff’s intent or negligence. Instead, it imposes liability simply because the defendant engaged in certain activities that were inherently dangerous or created a high risk of harm. 

For example, if a company manufactures and sells a defective product that injures someone, the company may be held strictly liable for the injury, regardless of whether they were negligent in their manufacturing or marketing practices. 

Need help with a situation potentially involving strict liability? Schedule your consultation today with a top business litigation attorney? 

What legal issues typically involve strict liability?  

Florida judges have found strict liability in many circumstances that resulted in injury. The following disputes are among the most common in finding strict liability: 

• Product Liability: Florida courts often apply strict liability in cases involving defective products. Manufacturers and sellers of products are held strictly liable for any harm caused by defects in their products, regardless of whether they were negligent in designing, manufacturing, or selling the product. 
• Environmental Liability: Courts will also apply strict liability in environmental harm cases. For example, if a company is responsible for a toxic spill that contaminates a water source or harms wildlife, it may be held strictly liable for any damages caused. 
• Animal Liability: Strict liability may also apply in cases involving animal attacks. If someone owns an animal that attacks another person, they may be held strictly liable for any injuries caused by the animal. 
• Hazardous Activities: Courts will also apply strict liability in cases involving inherently dangerous activities, such as blasting or using explosives. If someone engages in such activities and causes harm to others, they may be held strictly liable for any damages caused. 
• Defamation: While not as common, defamation cases may also involve strict liability. If someone makes a false statement about another person that causes harm, they may be held strictly liable for any damages caused. 

What are relevant laws related to strict liability in Florida? 

A combination of statutes, regulations, and case law regulates strict liability in Florida. The rules that govern depend on the cause of action the plaintiff claims. However, common statutes related to strict liability include the following: 

• Fla. Stat. § 95.11 outlines the statute of limitations for various claims. Typically, plaintiffs must file a claim within four years. 
• Fla. Stat. § 768.81 outlines some of the requirements for comparative negligence or fault, which is potentially a defense to strict liability. 

Federal regulations also outline requirements for many industries that involve the potential of strict liability. These regulations are relevant, particularly in cases involving defective products subject to federal safety regulations. 

What is required to prove a case of strict liability in Florida? 

A cause of action that carries strict liability requires the plaintiff only to prove that the defendant completed the contemplated action. Because no knowledge, fault, or negligence is required, doing the act suffices. 

When a set of facts is appropriate to meet the requirements of strict liability negligence, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies. These remedies can vary drastically depending on the cause of action. Some typical remedies include: 

• Monetary damages: This is the most common remedy sought in a civil lawsuit. If the plaintiff can prove that the defendant caused them harm, the court may award them monetary damages to compensate for their losses. This may include compensation for medical expenses, lost wages, property damage, and pain and suffering. 
• Injunctions: An injunction is a court order that requires the defendant to stop a specific behavior or activity. Plaintiffs may seek a temporary or permanent injunction in cases where the defendant is engaging in harmful behavior that will continue to harm the plaintiff. 
• Specific performance: Specific performance is a remedy that requires the defendant to perform a particular action, such as delivering a specific item or completing a specific task. Plaintiffs typically request this remedy when monetary damages are insufficient to compensate the plaintiff. 

• Declaratory judgments: A declaratory judgment is a court ruling determining the rights and obligations of the parties involved in a dispute. This remedy is often sought in cases where there is a disagreement about the interpretation of a contract or other legal document. 
• Rescission: Rescission is a remedy that cancels a contract or other legal agreement. A plaintiff might request this remedy if the plaintiff entered into an agreement by fraud, inducement, or other misrepresentations. 

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation. 

What are common defenses to strict liability in Florida? 

The primary defenses to strict liability in Florida include:  

• Statute of limitations: Depending on the cause of action, varying statutes of limitations may apply. If the plaintiff waited too long to file their lawsuit, the defendant may argue that the statute of limitations has expired and the court should dismiss the plaintiff’s claim. 
• No causation: The defendant could attempt to allege they were not the ones engaged in the activity and thus are not liable for the resulting injuries. 
• Assumption of risk: If the plaintiff voluntarily assumed the risk of injury associated with using the product or engaging in the activity, the defendant may argue that they are not liable for the plaintiff’s damages.  
• Comparative negligence: If the plaintiff’s own negligence contributed to their injuries, the defendant may argue that the plaintiff should bear some or all of the responsibility for the harm they suffered. 

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation. 

Have more questions about a strict liability-related situation?  

Crucially, this overview of strict liability negligence does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.