Types of Liability in Personal Injury Claims

Personal injury claims are based on three main types of liability – negligence, intentional liability and strict liability. The key factor differentiating one form of liability from another is whether the person who caused the injury acted on purpose or was simply behaving in a careless or rash manner.

To help clarify the concept of legal accountability and how it will affect your pursuit of a personal injury claim, we’ve provided a brief overview of each type of liability, together with an illustrative example.

Negligence

In South Africa, every person is expected to act in a way that does not harm or injure others. Failure to adhere to these standards is termed negligence.

In this type of liability, the person who caused the injury did not act, or failed to act, in a deliberate manner. Instead, he or she neglected to provide the appropriate level of care.

Negligence is the most common type of personal injury liability, and is central to motor vehicle claims, slip and trip cases and medical malpractice claims.

Here’s an example of negligence. Jane embarks on her monthly shopping spree. She trips on a raised and uneven section of mall flooring, falls to the ground and breaks her wrist. Jane is well within her rights to claim compensation for her injuries as the mall owner and/or manager failed in their duty of care to the public by not warning shoppers of the risk, or cordoning off the area, or repairing or replacing the damaged tiles.

Intentional liability

Intentional liability arises when a person harms another on purpose. It can be in the form of physical assault or battery, the theft of personal possessions, fraud and defamation of character or trespassing.

This type of injury can also lead to criminal charges being laid against the defendant in the civil case. The success of the personal injury claim is not, however, influenced by the outcome of the criminal trial.

One of the best examples of this legal anomaly occurred as part of the O.J. Simpson trails in the 1990s. O.J. Simpson was found not guilty of the murder of his ex-wife and boyfriend, Nicole Brown Simpson and Ron Goldman, in a criminal court. However, he was found liable for their deaths in a civil suit, and was required to pay the respective families millions of dollars in damages.

Here’s an example of intentional liability. John and George are having a heated discussion about politics. In a fit of rage, John punches George in the face, breaking his nose. As the punch is an intentional act of aggression, George is entitled to sue John for damages.

Strict liability

In the case of strict liability, the injured party does not have to prove negligence or fault in order for legal liability to be imposed on the transgressor. The only prerequisite for a strict liability personal injury claim is an act occurred, and that act directly harmed or injured a person. The fact there was no intention to harm is not a mitigating factor.

Strict liability exists in circumstances that are inherently risky or have a real possibility of causing harm. Dog bite cases and defective product claims are classic examples of strict liability.

Here’s another example of strict liability. Susan buys a microwave. While she’s making popcorn one day, she hears a loud bang. As she bends down to see what the noise is all about, the door explodes off its hinges, hitting Susan in the face.

Manufacturers are strictly liable for product defects occurring during the manufacturing process, and Susan, therefore, can sue the manufacturer for damages, provided the defect was caused by a manufacturing fault or error.