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

Negligence and strict liability are two different legal theories used in construction accident cases in Washington. Negligence is a legal theory which holds that if a person or entity failed to act in a reasonable manner, causing harm to another party, then they are liable for the harm. In other words, the injured party must prove that the defendant had a duty to act in a certain manner, that they acted in a manner that breached that duty, and that this breach resulted in the injury or damage. On the other hand, strict liability is a legal theory which holds that if a person or entity is at fault for a particular activity and that activity caused injury, then the defendant is liable regardless of whether reasonable care was taken. In other words, the injured party does not need to prove negligence on the part of the defendant; rather, the injured party needs only to show that the defendant was responsible for the activity which led to the injury. In summary, the difference between negligence and strict liability claims in a construction accident case is that negligence must be proven by showing that the defendant had a duty to act in a certain way and that they acted in breach of it, while in a strict liability claim, the injured party needs only to show that the defendant was responsible for the activity which led to the injury.

Related FAQs

What should I do if the employer does not have the proper insurance in place for a construction accident?
What should I do if I am facing a denial of my construction accident claim?
Who is liable for a construction accident?
What should I expect during the settlement process in a construction accident case?
Are there any deadlines I need to be aware of in a construction accident case?
When will I receive payment for my construction accident case?
What legal challenges can I expect in a construction accident case?
What should I do if I’m delayed in receiving medical care after a construction accident?
How are construction accident claims investigated?
Should I talk to the other party before filing an insurance claim?

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

Related FAQs

Related Blog Posts