May 16th 2017 by PollackSteinberg LLP in Blog

Is negligence the only basis of a personal injury claim?

There are three types of torts used in personal injury claims: Intentional torts, negligence and strict liability.

Negligence is the most common claim in a personal injury case, because it holds someone or something directly responsible for causing an injury or illness that required medical care, resulted in lost wages due to sick leave, caused permanent damage — or all of the above.  The driver of an eighteen wheeler, for instance, can be found negligent for causing an accident that severely injures or kills you or a loved one.

But negligence is not the only tort that is a basis for a personal injury claim in most states, including Pennsylvania and New Jersey. Strict liability and intentional wrongs are two others that are also grounds for litigation.

Strict liability is a growing segment of tort law, according to the American Bar Association. It holds the manufacturers and designers of defective products solely liable for injuries that stemmed from use of that product. The liability is imposed without the finding of fault like in negligence claims. An injured person must only prove that the tort happened; that the product was designed or made in such a way that it was dangerous even when used as intended. The law in most states, including Pennsylvania and New Jersey, imposes strict liability to situations it considers to be inherently dangerous. For example, a construction company working close to a neighborhood would be held strictly liable if a flying piece of debris or rock struck and injured a resident who was outside mowing his lawn.

The other basis for a personal injury claim, intentional wrongs, are less common than strict liability. The ABA describes intentional wrongs as a claim used in a tort case in civil court. If someone hits you as a joke, you may be able to sue for battery, the bar association says. Or, in the organization’s other example, a store detective who wrongly arrests you for shoplifting may be at fault under the intentional wrongs law. The tort is separate from any criminal charges that might be be brought against the person you are filing a personal injury claim against.

If you or your family were injured by someone’s negligence or one of the other torts mentioned above, the attorneys at The Fighting for People Injury Law Group of PollackSteinberg, LLP can help. We will investigate your accident and help you get the compensation you need to cover your medical bills, lost wages, pain and suffering and other costs and damages.  

To schedule your free consultation, contact our office today by calling 800-549-4LAW.

 

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