In a clear-cut personal injury case you are able to clearly identify that a business was responsible for your injury e.g. a slip and fall accident, or a car accident. There are a number of situations where you might not be able to clearly prove that the other party was negligent, so you may be wondering if you have any legal recourse in a situation like this.
There are, in fact, two different ways of pursuing a personal injury claim even if you can’t prove negligence. The first of these is called ‘Strict Liability’ and the second is referred to as ‘Intentional Wrongs’, or an ‘Intentional Tort’.
Strict Liability
If we take the example of a person who is injured during an automobile accident in NJ but cannot prove that the other person was negligent because the owner of the car wasn’t driving at the time of the accident. In this situation strict liability will be with the defendant because they allowed another person to drive their car, with the implicit understanding that they would avoid causing an accident.
This type of liability also applies when you have suffered an injury by using a faulty product. Although you would ideally be able to prove that the manufacturer was negligent, strict liability means you can pursue a claim because the product or service was supplied in such a way that it could potentially cause risk or harm to a plaintiff.
Intentional Wrongs/Torts
The most straightforward example of this is if you were injured because another person punched you in the face. You may not be able to prove negligence here, but what you can prove is the injury was intentional, for whatever reason. Another example would be if you were wrongly detained by a member of staff who suspects you of shoplifting. You weren’t physically injured in this situation, but the fact that you were detained against your will can be deemed as a personal injury.
So, an intentional wrong can be a physical assault, being injured as a result of a prank or practical joke, being threatened with physical assault, and finally trespass. In the case of trespass, this can be on your property or use of any item of your property without your permission.
There are exceptions for certain types of intentional wrongs, such as the legal right of police to detain you for questioning, but you’re best to discuss the specifics of your claim with your attorney.
Personal injury claims, where negligence can’t be proven, are becoming far more common. This presents both defendants and plaintiffs with unique challenges in both defending against and proving their claims.
If you feel that you have suffered a personal injury, and you are unsure as to whether negligence can be proven, please speak to an experienced personal injury attorney in New Jersey before taking any steps yourself in resolving the situation. This article is provided for reference only, and should not be construed as legal advice.