Personal injury cases, in general, are pursued based on the principle of negligence. In many situations (e.g. a vehicle collision or work accident), the cause of an injury can be attributed to a person’s, or group of people’s, negligent actions.
However, there are some incidents that involve circumstances that differ from the typical definition of negligence. In some personal injury cases, the cause of injury is identified as “strict liability” or “intentional wrongdoing” on the behalf of the defendant.
The principle of strict liability is typically applied to cases involving defective products. This principle operates under the expectation that those responsible for the design and manufacturing of consumer products are doing so in a safe way.
Based on this assumption, any hazardous defects are sufficient proof of liability by the entities that produced and sold the item. A plaintiff and their legal team do not need to provide any additional evidence of negligence, just that the intended use of the product resulted in injury or illness.
Whereas negligence defines cases in which a defendant forgets to do something or does something incorrectly, causing harm to others, intentional wrongdoing defines willful acts of causing injury. Someone who is negligent may know that their behavior could hurt themselves or others, yet does it anyway, despite knowing the risks and not wanting to hurt anyone.
In cases of intentional wrongdoing, inflicting harm is the goal. Personal injury cases that involve intentional wrongdoing are not criminal cases, although the offender may face criminal charges as well. Within the personal injury case, it may be decided that the defendant will have to pay punitive damages for their actions.
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