Negligence and/or Strict Liability

Legal Cause of Action for Negligence and/or Strict Liability

Accidents happen every day, which may result in mild to severe injuries or even fatalities. If the accident was caused by someone else and resulted in your injury then you may be entitled to compensation. Compensation falls under two legal theories: negligence and/or strict liability. Your Newport Beach accident attorney can help you maximize the compensation you deserve.


Negligence is when someone fails to take reasonable care to avoid causing injury or death of another person.  The California Supreme Court in Ladd v. County of San Mateo, 12 Cal.4th 913, 917-18 (1996), expressed that the elements needed to prove negligence is well established:

  • Defendant owes a duty of care to the plaintiff or to a class of which the plaintiff is a member
  • Defendant breached his or her legal duty of care
  • The breach was the proximate or legal cause of the resulting injury

What If My Negligence Partially Caused the Accident?

Generally, you may still be entitled to recover even if your conduct partly caused the accident.  California is a pure comparative fault state. Pursuant to Civ. Code §1714(a), you are responsible for your own acts. You are also responsible for someone else’s injuries even if those injuries partially occurred because of his or her own actions.  Thus, even if you were partially at fault for the accident, you may still sue for compensation from the other at-fault parties. However, any damages you are awarded is reduced by the percentage of your fault.  Some exceptions are found in Civ. Code  §§ 3333 – 3343.7

What Types of Accidents Are Caused by Negligence?

Accidents caused by other people’s negligence may include the following:

Strict Liability

California is a statutory strict liability state. This means that statute imposes legal responsibility for your injury and damages without consideration of fault.  Thus, you do not have to prove that the other party acted negligently or otherwise.  Rather, you or your Newport Beach accident attorney must only prove that the Southern California accident occurred and proximately caused your injuries.

In What Types of Accidents Is Strict Liability Imposed?

Dog Bite

Pursuant to Civ. Code §3342(a), California holds dog owners responsible for your injuries only when the dog bites you while you are in a public place or lawfully in a private place regardless of the dog’s former viciousness and/or the owner’s knowledge of such viciousness.  The fact that the dog never bit anyone before and the owner did not know of the dog’s potential violent behavior is not a defense.

Vicarious Liability

California also holds third parties responsible for the conduct, whether negligent or intentional, of another regardless of the third party’s fault.  Examples include the following:

  • Respondeat Superior – the employer is responsible for the conduct of the employee pursuant to Code §2338.
  • Joint and several liability – Code §1431 imposes joint liability upon two or more responsible parties for your economic damages. Thus, each defendant is responsible for the entire economic damages award regardless of each individual’s degree of fault.  However, Civ. Code §1431.2 imposes several liability for non-economic damages.  Each defendant is therefore responsible for only his or her degree of fault.

Legal Representation Starts Here

The first step to any case is to know your legal cause of action when asserting your claim for compensation.  Understanding your case is key since one accident could have multiple claims and defendants.  For example, in a car accident case, you may have a negligence claim against the driver as well as a strict product liability claim against the manufacturer of your vehicle for defective air bags.  A knowledgeable Newport Beach accident attorney will analyze your case to determine what claims you have.  Call us at (888) 907-2176 for immediate assistance.

Request A Free Consultation

Our full time staff is ready to evaluate your case submisssion and will respond in a timely manner.