What Is Strict Liability?
In most personal injury cases, an injured person must prove that someone was negligent. Strict liability works differently. Under this legal rule, a person or company can be held responsible for harm even without proof of negligence.
In other words, if their product, activity, or animal caused the injury, they can be liable — even if they didn’t act carelessly.
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When Does Strict Liability Apply?
Strict liability laws exist to protect the public from activities or products that are inherently dangerous. Common examples include:
- Defective Products: A manufacturer releases a product with a design flaw or defective part that injures consumers.
- Dangerous Animals: Owners of certain animals are automatically responsible for injuries the animal causes.
- Abnormally Hazardous Activities: Businesses that handle explosives, chemicals, or other high-risk materials can be liable for any harm caused, regardless of intent.
In these cases, the injured person doesn’t need to prove the company or individual acted negligently — only that the product or activity caused the injury.
Example: Strict Liability in Product Defect Cases
If a defective airbag deploys unexpectedly and injures a driver, the manufacturer may be strictly liable. The victim does not need to prove the automaker was careless in designing or testing the airbag — the injury itself, caused by the product defect, can establish liability.
This rule encourages companies to maintain higher safety standards and ensures that innocent consumers aren’t left to bear the cost of defective products.
Why Strict Liability Exists
Strict liability promotes public safety and accountability. It shifts the risk from the individual consumer to the manufacturer or business that profits from the product or activity.
By holding these parties responsible, the law:
- Encourages safer product design and testing
- Ensures compensation for injured victims
- Deters companies from ignoring safety hazards
In short, strict liability helps create a fairer system where victims aren’t punished for trusting that a product or service is safe.
How Jordan Law Helps Victims
At Jordan Law, we represent clients throughout Colorado who have been injured by defective products, dangerous property conditions, and reckless corporations.
Our attorneys have extensive experience handling product liability and strict liability claims against major automakers, equipment manufacturers, and insurance companies.
“Strict liability cases are about fairness,” says Attorney Anne Dieruf, Jordan Law’s product liability attorney. If a company sells a defective product that hurts someone, that company should bear the responsibility — not the victim.”
We work with expert engineers, investigators, and economists to build strong cases and recover full compensation for our clients.
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What to Do If You Think Strict Liability Applies to Your Case
If you were injured by a defective product or dangerous activity:
- Get medical attention immediately.
- Preserve the evidence. Keep the product, photos, and receipts.
- Avoid repairs or disposal. Your attorney will need to inspect the item.
- Contact a product liability lawyer quickly. Time limits apply to all injury claims in Colorado.
Our Denver personal injury attorneys can evaluate your case for free and explain whether strict liability applies.
About Jordan Law
Jordan Law is a Denver-based personal injury firm representing clients across Colorado. With more than 20 years of trial experience and over $550 million recovered, our team is Courtroom Tested, Client Approved.
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Written by Sarah Freedman, J.D.
Director of Pre-Litigation, Jordan Law