Criminal lawsuits get most of the attention in the news and on TV, but civil lawsuits are actually much more common.

If you're ever involved in a civil case — or wondering whether you have a case — it's important to understand how they work. Negligence and strict liability are two concepts that come up often in these cases. Use this guide to become more familiar with the differences between them and how they may apply in a civil lawsuit.

What Is Negligence?

Negligence is a legal term that refers to a failure to meet the standard of care that a reasonable person would have used in the same situation. If you suffer physical harm or property damage because someone else acted carelessly or was participating in dangerous activities, for example, that may be grounds for a negligence case.

Negligence Claim Types

There are several different types of negligence claims, including:

Comparative Negligence

Comparative negligence describes a situation in which multiple parties involved in an incident share some responsibility for what happened. In this case, the plaintiff — the person who files the lawsuit — would be partially responsible for the damages they suffered. In comparative negligence lawsuits, the court reduces the damages the plaintiff receives based on the degree the plaintiff contributed to the incident.

For example, if the court determines that you are 25% at fault for a premises accident and the defendant is 75% responsible, you can only recover 75% of the total damages in the case. Say the damages were $10,000, you could only receive $7,500.

Contributory Negligence

Contributory negligence is similar to comparative negligence in that both parties may be partially at fault for the incident. However — unlike comparative negligence — in a contributory negligence system, you cannot recover damages if you bear any responsibility for what happened. Contributory negligence is a form of affirmative defense in negligence cases.

Using contributory negligence is very harsh on plaintiffs since even the slightest amount of fault bars them from recovering damages. For this reason, few states still use contributory negligence. The only states that currently use contributory negligence are Alabama, Maryland, North Carolina, and Virginia. Washington, D.C. also uses contributory negligence.

Some systems combine comparative and contributory negligence. In these cases, plaintiffs can only recover damages if they are 50% at fault or less for their injuries.

Gross Negligence

Gross negligence is a more extreme form of negligence. When someone shows a complete lack of regard for other people’s safety, they may be guilty of gross negligence.

Vicarious Negligence

Vicarious negligence is a way to hold a defendant responsible for the conduct of another person or animal. It’s only applied in very specific circumstances. For example, if a minor child injures someone, the plaintiff may sue the child’s parents or guardians for damages under vicarious negligence.

Vicarious negligence is often confused with legal theories about liability without fault. A guilty defendant in a vicarious negligence case is both liable and at fault, however, just for another person or animal’s action.

Negligence Elements

Four elements must be present for the plaintiff to prove negligence in a lawsuit. These elements are:

Duty. The plaintiff in a negligence case must prove that the defendant owed the plaintiff a legal duty of care.
Breach. The defendant must have breached that duty of reasonable care.
Injuries or damages. The plaintiff must have suffered some injuries or damages from the incident.
Cause. The defendant’s action must have either directly caused or been the proximate cause of the damages the plaintiff suffered.

If the plaintiff can show these four elements are all present, they have a much better chance of winning their case.

What Is Strict Liability?

Strict liability is a legal concept in both criminal and tort law. It describes a situation in which the defendant is liable for committing an action, regardless of their intent or mental state. The plaintiff in strict liability does not have to prove that the defendant was negligent, simply that they committed the action that caused harm.

The three main categories of strict liability claims are:

Strict product liability
Abnormally dangerous activities
Keeping dangerous animals

Strict liability serves to protect the public from anyone creating a dangerous condition or environment.

What Are Product Misuse and Defective Products Liability Claims?

A product liability lawsuit is one type of strict liability lawsuit. In defective product liability claims, the manufacturer, distributor, or seller of a product can be held liable for injuries or other damages that a defective product causes a customer. It’s not enough for a product to harm someone. The product must contain an inherent design defect and be the actual or proximate cause of the plaintiff’s injury.

Product misuse is one potential defense against defective product liability claims. If the plaintiff suffers an injury while misusing the product, they may not be able to recover damages from the product manufacturer or seller.

When Does Strict Liability Apply?

A common question is when to use negligence vs strict liability. Strict liability applies mostly to product liability and other civil cases, but can also apply to criminal law. Crimes like drug possession and the sale of firearms to minors are both strict liability crimes. The defendant’s intentions do not matter in these cases.

Strict Liability Statute of Limitations

Every state has a different strict liability statute of limitations — the time plaintiffs have to bring forward a strict liability case after they suffer damages. In every state, the strict liability statute of limitations is at least one year.

The statute of repose is a related law that bars claims after a set time period, even if the plaintiff hasn’t suffered any injuries yet. A plaintiff who suffers injuries after the statute of repose expires cannot sue.

Strict Liability vs Negligence Per Se

Both strict liability and negligence per se involve a defendant violating a statute or regulation. The difference is that in strict liability cases, the plaintiff need only show that the defendant breached the law. In negligence per se cases, the plaintiff must show that the defendant breached the law and was negligent in doing so.

Find the Right Personal Injury Lawyer for Your Case

If you have a personal injury case involving negligence, you need the best personal injury lawyers on your side. Roth & Roth Legal are here for you. Contact our team today to discuss your case and see what kind of compensation you may be eligible for in your civil lawsuit.

Home

About

What is a Civil Lawsuit?