Car accidents, slips and falls, dog bites, and other instances happen every day in Florida, leaving people with injuries and impacts. When you have suffered injuries caused by someone else, you may be trying to recover compensation for your financial losses as a result of this event. You’ll likely hear the terms liability and negligence come up often, and you may be wondering what they mean.

It is essential to understand what these terms are and how they relate to your personal injury case, which can help you make intelligent decisions on how to proceed. Injury LawStars is a personal injury law firm that is committed to representing the rights of victims. In this article, we explore negligence in law, strict liability cases, and the steps you should take when pursuing your injury claim.

Introduction to Negligence vs Strict Liability

The majority of personal injury cases in Florida are based on negligence. This means that someone acted negligently, failing to provide reasonable care and causing injuries. 

While most cases will follow negligence in law, some will follow strict liability, which does not have the exact requirements for proving negligence. Below, you will find distinctions between negligence and strict liability. 

Understanding Strict Liability Cases

Strict liability is a legal concept that holds a person automatically liable for specific actions, regardless of their intent or fault. In the state of Florida, three critical types of scenarios can be held under strict liability. 

Defective Products

When a manufacturer or distributor sells a defective product, they can be held strictly liable for injuries caused by the product. The defect can be in the design, manufacturing, or even marketing if it causes injuries to consumers. 

Unreasonably Dangerous Activities

Certain activities can be inherently dangerous even when those engaging in them are taking all reasonable precautions. A common example of this sort of activity is using explosives for detonation or transporting hazardous materials.

Dog Bites and Animal Attacks

Dog bites and animal attacks may be the most common type of strict liability cases. Anyone who owns a wild animal can be held strictly liable for any injuries it causes in Florida. This relates more commonly to dog bites since dogs are popular pets. Dog owners in Florida are held strictly liable for dog bites and attacks, even if their pet has never bitten anyone before or acted aggressively. 

In all strict liability cases, the only thing that needs to be proven is that the other party engaged in prohibited behavior, resulting in your harm. It does not require proving the elements of negligence. 

Understanding Negligence in Law

When it comes to negligence, personal injury law allows those who have suffered injuries caused by someone else’s negligence to seek compensation. However, this greatly differs from strict liability.

With negligence vs. strict liability, there are four elements of negligence that must be proven in order to have a legitimate personal injury case. It is important to note that all four elements need to be satisfied in order to have a valid claim.

The Elements of Negligence

The first element of negligence is establishing a duty of care. Simply put, it means that the defendant owed you a certain standard of care. Since car accidents in Clermont are one of the most common personal injury matters, it helps to use one as an example.

When you are driving, you owe a duty of care to all other drivers, bicyclists, and pedestrians on the road. This duty holds you to operate your vehicle in a reasonable, law-abiding, and prudent way. If you are obeying traffic laws and are sober behind the wheel, you are upholding your duty of care. 

The next element is breach of duty, which means that the duty of care was breached by the negligent action. This could be a driver who was texting while driving down the highway, drinking and driving, or blatantly driving over the speed limit without a care in the world. 

After proving the duty of care was breached, causation is next. It must be shown that the actions of the defendant who violated the duty caused the accident. Finally, the accident caused by the defendant left you with injuries and other financial losses. 

Thus, the differences between negligence and strict liability all boil down to metrics of proof. In strict liability cases, the defendant is always liable regardless, while in cases involving negligence, the plaintiff must prove that all four elements of negligence were present when making their claim. 

What to Know About Comparative Negligence in Florida Personal Injury Cases

When it comes to cases involving negligence in law, it’s also essential to consider the law of comparative negligence. This rule means that both parties may share some fault. While it commonly applies in car accidents, it can also be present in premises liability and other personal injury cases. 

Florida follows a modified comparative negligence model after changes to laws in 2023 that moved it from pure comparative negligence. With modified comparative negligence, you must be less than 50% at fault in order to seek compensation. You can be assigned some of the faults in a percentage beneath that threshold, though it will diminish your compensation award.

For example, if you are driving through an intersection on a green light and a car makes a left turn that causes a T-bone accident with your vehicle, they will likely be at fault. However, if you had been speeding at the time, you would have avoided the accident if you had obeyed the law. In that instance, you may receive a small portion of the blame. 

Negligence in law is also a little more complicated with Florida’s no-fault insurance statutes. These are intended to simplify car accident claims as they require all drivers to seek compensation from their insurance policies. In situations that involve catastrophic injuries, it is possible to hold the other driver responsible for your damages. However, it is always best to work with a personal injury attorney in Clermont to protect your legal rights. 

Steps to Take When Pursuing a Personal Injury Claim in Florida

If you have suffered injuries in some kind of accident caused by someone else, you should know the proper steps to take to prepare a personal injury claim. Since personal injuries can occur in a variety of ways, these basic steps can be your guide for handling liability and negligence.

Report the Accident

When you’re in a motor vehicle accident, call 911 immediately to report it. In other scenarios, such as a slip and fall at a supermarket or other property, you’ll want to file an accident report with the owner or manager. Make sure you get a copy, as this will be part of your evidence.

Get Medical Care

It does not matter if you have a negligence vs strict liability case on your hands. If you are hurt or you are in a severe type of accident, you must seek medical treatment. You should take this step even if you do not see any physical wounds. Internal injuries and brain trauma aren’t always apparent right away, and these conditions can become life-threatening. You’ll need these medical records to prove your injuries for your personal injury claim.

Document and Gather Evidence

Keep track of all documents related to your accident and injuries. Gathering evidence is best done while still on the scene. Car accidents will be cleared away, and any injuries you may suffer on someone’s property due to their lack of care in removing a hazard can be repaired. Without evidence, it will become more challenging to seek compensation. 

Seek Legal Assistance

In these circumstances, it can only be to your benefit to consult an attorney regarding your injuries. Personal injury lawyers understand all the related laws and know what to look for in each type of case they represent.

They will also be able to use their resources to help, which can be instrumental when your injuries are severe or catastrophic. You may have been rushed to the hospital for your injuries before you could ever have had the chance to gather evidence of what happened. When you hire a personal injury attorney, they can call in experts to reconstruct the accident and get video footage from surveillance or traffic cameras.

Injury LawStars assists clients with both strict liability cases and personal injury claims involving negligence. Your injuries are likely painful and have caused you mental anguish as you learn to cope with life in the aftermath. You should let our attorneys take over the legal aspects of your case to negotiate for what is fair on your behalf. This allows you to rest and heal, making it more possible to move forward with life after your injury. We provide free initial consultations for those who wonder if they have a strict liability case or a classic case of negligence.

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