Injury Claims
A majority of compensable personal injuries are not pursued by the concerned parties. They usually think it is not worth all the trouble and inconvenience to file a case for compensation. They think, wrongly, that the money claims will be less than what they might eventually spend in court fees and attorney’s fees. Although criminal law requires 2 elements to be present for a person to be guilty beyond reasonable doubt, injury laws are less stringent and require only the single element of a guilty act (“actus reus”) to convict a person. The absence of this second element, “mens rea” or guilty mind (intent or motive), classifies injury laws to be “strict liability” types of laws.
An example is dangerous driving such as DUI (driving under the influence of alcohol or driving while intoxicated). Strict liability is a legal doctrine which makes a person liable for his actions or products he had produced regardless of his “fault” it was. In the case of manufactured products, the only proof required by a court is that the product was defective. No further proof of negligence is needed. Manufacturers are expected to foresee that some people might misuse their products and be injured as a result thereof. Disclaimers and waivers of liability are not accepted by courts which consider them as against public policy.