Situations Where You Don’t Need to Prove Negligence
You can bring a personal injury lawsuit against someone who harms you intentionally, but most personal injury claims in New Jersey are based on negligence. Under the law of negligence, a person may have legal responsibility (liability) for injuries caused to another by actions that fail to meet the standard expected of a reasonable person under the circumstances.
However, some acts of carelessness don’t require a showing of negligence. The legal principle governing such acts is known as “strict liability.” Most strict liability claims are based on statutes, written laws that set forth the conditions that establish liability. As a general rule, strict liability applies to situations involving inherently dangerous activities—owning a wild animal, or manufacturing or transporting explosives, for example. Anyone engaging in such activities must accept the potential risks of doing so.
There are typically only two requirements to establish responsibility in a strict liability claim:
- You must show that the defendant was engaged in an activity listed in the strict liability statute; and
- You must show that you suffered injury as a consequence of that activity.
A defendant in a strict liability claim generally has only two potential defenses:
- That the injured person knew of the potential risk and voluntarily assumed that risk—for example, they knew the defendant had a wild animal on the premises and entered anyway;
- That the injured person engaged in actions that contributed to the circumstances that caused the injury—for example, trespassing on property where a wild animal is present.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
On this Independence Day, let us all aspire to those principles that make our nation great—freedom, liberty, and justice for all. We wish you a safe and happy holiday with loved ones.
May the holiday season fill your home with joy, your heart with love, and your life with laughter.
“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen
“Honoring the sacrifices many have made for our country in the name of freedom and democracy is the very foundation of Veterans Day.” – Charles B. Rangel
We pause to look back on the past year with its blessings and accomplishments, and we look forward to the new year and opportunities ahead. We are grateful for the trust you have placed in us, and we wish you a joyful holiday season.
We set aside one day every year to give thanks, but here at Law Office of Howard D. Popper, PC, we are thankful throughout the year for the relationships that we have built with our clients. We value your trust and your confidence, and we are committed to helping you achieve your goals.
We hope that this holiday gives you a chance to reflect on treasured memories and cherished relationships. Happy Thanksgiving!