What is the difference between a negligence claim and strict liability claim?
The difference between a negligence claim and a strict liability claim when it comes to motorcycle accidents in Washington is based on whether the at-fault party is liable due to the negligence they exhibited versus being strictly liable regardless of the at-fault party’s negligence. In a negligence claim, the law finds the at-fault party liable if they fell short of the “reasonable care” standard for the situation. This means that the at-fault party must have been careless or reckless in relation to the standard of care that a reasonable person should have known or exercised in the same circumstances. A strict liability claim holds the at-fault party liable regardless of whether they exercised a reasonable degree of care or not. Sometimes the law imposes strict liability on people for certain activities, such as when engaging in hazardous activities like keeping wild animals, owning extremely dangerous products, or manufacturing explosives. In Washington, it is generally not possible to bring a strict liability claim for a motorcycle accident unless the accident was caused by a dangerous or defective product. In this case, the at-fault party would be strictly liable regardless of their degree of care or negligence. The key difference between a negligence claim and a strict liability claim is that the former requires the plaintiff to prove that the defendant was negligent, while the latter requires no proof of negligence.
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