Usually, if a person is seriously injured in the City of Buffalo, he or she would have to prove that the injury was caused, at least in part, by another party’s negligence before they could successfully pursue monetary compensation. This is not, however, always the case.
Under some circumstances, a party may be held “strictly liable” for an action or circumstance that caused an injury. In cases of strict liability, an injured person may successfully sue for damages without showing that the other party was actually negligent. This situation may occur, for example, in cases involving individuals or businesses that keep dangerous animals, store hazardous chemicals or use explosives.
Strict liability may be imposed in these cases because the activity itself is felt to pose an undue risk of harm to other individuals, and anyone involved in the activity does so at his or her own risk and is responsible if someone is harmed. It may also be applied in cases of injury by a defective product. In these cases, the injured party may not be required to prove that the defect in the product was the result of any negligence by the manufacturer. It is only required that the product was defective and caused an injury as a result.
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