What is the difference between a negligence and a strict liability claim in a construction accident case?

The difference between a negligence and a strict liability claim in a construction accident case in New Mexico is that a negligence claim requires that there is proof that the party responsible for the accident owed a duty of care to the injured party and breached that duty, and that the breach resulted in the accident. On the other hand, a strict liability claim does not require proof of negligence and instead holds a party responsible for any damages caused regardless of whether they were negligent. For a negligence claim to succeed in a construction accident case in New Mexico, the injured party would need to demonstrate that the injury was caused by the defendant owing a duty of care and then breaching that duty. The party responsible for the accident must have also acted in a way that a reasonable person would not have done in a similar situation in order for the injured party to succeed in their claim. Examples can include failing to provide proper safety equipment, failing to ensure that workers are adequately trained in safety practices, or failing to properly inspect and maintain equipment. A strict liability claim in a construction accident case does not require any proof of negligence; instead, the injured party would simply need to demonstrate that the defendant was responsible for the injuries caused by the accident. This means that a company could be held liable for an accident even if they weren’t negligent. In this case, the injured party would need to demonstrate that the company was responsible for the accident, such as by providing defective equipment or by not providing adequate safety precautions. In conclusion, the difference between a negligence and a strict liability claim in a construction accident case in New Mexico is that a negligence claim requires the injured party to prove that the defendant was negligent and breached their duty of care, while a strict liability claim does not require proof of negligence and holds the defendant responsible regardless.

What is the difference between a negligence and a strict liability claim in a construction accident case?

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