What is the difference between a negligence claim and strict liability claim?

The difference between a negligence claim and strict liability claim in California motorcycle accident law has to do with proving fault in a crash. In a negligence claim, the injured party must prove that the defendant knew or should have known of the risk involved in causing the crash and was negligent in causing the crash. In order to prove negligence, an injured party must show that the defendant breached a “duty of care” they owed to the injured party, which resulted in the accident. Negligence claims can include any party at fault, such as another driver, a health care provider, a product manufacturer, or other entity. Strict liability claims are much simpler and do not require an injured party to prove negligence or fault. Under strict liability, any injury caused by a product, regardless of fault, is the responsibility of the manufacturer or supplier. This often applies to motorcycle crashes in which the injured party claims a design defect in part of the bike caused the accident. In this case, the injured party must only prove that the product was defective and that the defect caused the injury. As long as these two criteria are met, the injured party is eligible for compensation from the manufacturer. In general, negligence claims are more common in motorcycle accident law in California as they are not limited to just product defects. However, a strict liability claim can provide an easier path forward for an injured party if they can prove liability on the manufacturer.

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What is the difference between a negligence claim and strict liability claim?

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