What Is Strict Liability?

Strict liability is a legal principle that holds a person or company responsible for harm they cause, even if they did not act carelessly or intend to hurt anyone. Unlike most personal injury claims, you do not need to prove negligence. You only need to show that the defendant’s product or activity caused your injury.

When Does Strict Liability Apply?

Strict liability does not apply to every type of accident or injury. It is reserved for specific categories where the law recognizes that certain activities or products carry inherent risks that the responsible party should bear.

Defective Products

When a product injures someone because of a flaw in its design, manufacturing, or warnings, the manufacturer, distributor, or retailer can be held strictly liable. Product liability claims can involve numerous consumer and commercial goods:

• Vehicles with faulty brakes, airbags, or steering systems
• Medical devices that malfunction
• Household appliances that catch fire or cause electrical shock
• Children’s toys with choking hazards or toxic materials
• Power tools with missing safety guards
• Contaminated food or beverages

Under RCW 7.72.030, Washington’s product liability statute holds product manufacturers strictly liable for harm caused by products with manufacturing defects or those that did not conform to the manufacturer’s warranty. You do not have to show that the company knew about the defect or failed to take reasonable care. The focus is on whether the product itself was unreasonably dangerous when it left the manufacturer’s control.

Dog Bites

Washington applies strict liability to dog bite cases, meaning the owner is responsible for injuries caused by their pet regardless of whether the animal has a history of aggression. Under RCW 16.08.040, a dog owner is liable for damages when the dog bites someone in a public place or lawfully on private property.

Abnormally Dangerous Activities

Some activities are so inherently risky that the person or company conducting them is strictly liable for any resulting harm. Courts evaluate these on a case-by-case basis, but common examples include:

• Storing or transporting explosives
• Blasting during construction or demolition
• Keeping wild or exotic animals
• Crop dusting with toxic chemicals
• Operating certain types of industrial machinery

Even when every safety precaution is followed, the party responsible for the dangerous activity still bears the cost if someone gets hurt. The rationale is that some risks are too significant to shift onto innocent bystanders.

Toxic Exposure or Contamination

When hazardous chemicals, pollutants, or toxic substances leak into the environment and cause illness or injury, the responsible party may face strict liability. Contaminated groundwater, industrial chemical spills, and exposure to asbestos or lead paint are common examples in which proving negligence is not required.

What Damages Are Injury Victims Entitled to Receive?

If you succeed in a strict liability claim, you may recover economic and non-economic damages. The amount depends on the severity of your injuries, their impact on your daily life, and the financial losses you have incurred or will face in the future.

Economic Damages

Economic damages cover the out-of-pocket financial losses caused by the injury. These amounts are documented with bills, receipts, pay records, and other paperwork:

• Medical bills
• Lost wages and missed work opportunities
• Reduced earning capacity
• Property damage and replacement costs
• Transportation expenses
• Home modifications or assistive equipment

Non-Economic Damages

Non-economic damages compensate for the personal, less tangible effects of an injury. While harder to put a dollar figure on, these losses are just as real:

• Physical pain and suffering
• Emotional distress and anxiety
• Loss of enjoyment of life
• Scarring or disfigurement
• Loss of consortium or companionship
• Diminished quality of daily living

No matter how great your damages are, you only have three years to file an injury lawsuit in Washington, even if it is based on strict liability. Acting quickly is necessary.

How Our Personal Injury Lawyers Can Help with Strict Liability Claims

Strict liability claims involve technical evidence, product testing, and detailed documentation, all of which require focused legal attention. Dean Standish Perkins & Associates has handled personal injury cases in King County for 39 years, and our boutique firm gives every client direct, personalized attention from start to finish. Contact us at (206) 467-0701 or reach out online to get a free case evaluation today.