Strict Liability

Strict liability is a concept applied in both civil and criminal law that holds a defendant responsible for their actions regardless of their intent at the time of the action. A person is strictly liable merely by engaging in certain behaviors, regardless of their possible negligence or criminal intent. Strict liability is a theory that imposes legal responsibility for damages or injuries even if the person who was found strictly liable did not act with fault or negligence.

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In tort cases, strict liability usually applies in three types of situations:

Abnormally dangerous activitiesCertain activities are considered inherently dangerous. These are activities that involve serious potential harm, involve a high degree of risk that cannot be adequately protected against by using reasonable care and are not commonly performed in the community or under the circumstances. For example, it is not common to store explosives and flammable liquids in a city apartment. And while the tenant who is storing those items does not intend for them to ignite or injure anyone, when they do, that person could be held responsible for damages.
Dog bitesUnder Missouri Revised Statute § 273.036, “the owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten…” This means that strict liability applies even if the owner took reasonable care to restrain the dog or otherwise prevent the attack from occurring.
Product liabilityThe Consumer Product Safety Commission states that defective products account for over 29 million injuries and 21,000 deaths each year. According to Missouri Revised Statute §537.760, you can make a strict liability claim if these conditions are true:
- The defendant was part of the product’s chain of distribution.
- The product was used in a manner easily anticipated.
- One or both of the following:
  - The product was in a defective condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
  - You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

In summation, for strict liability you need to prove you were injured and that the other party’s animal, product or actions caused it.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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Genevieve and Laura have assisted me in my personal injury claim and have made the process so much less stressful. They are extremely knowledgeable, professional, and attentive. Laura is always on top of everything and very sweet. I had no idea how to navigate this process and they have made me feel at ease and like they truly cared about the outcome.

Cara Barton

It has been a long 4 years, but it is finally over! Burger law did a great job handling my case. Grant Doty answered all my questions, promptly returned my phone calls, frequently kept me updated and insured me that he was fighting for me. Jennifer Zini also did a wonderful job, great customer service. It was pleasure getting to know the Burger Law team!

S. Alred

After a driver unexpectedly pulled out right in front of my motorcycle & I suffered injuries, the at-fault driver’s insurance company offered me a $10,000 settlement. I hired Burger Law & they won a $109,000 settlement. I was very happy with the outcome. They were easy to work with & fully explained each step of the process & kept me informed along the way.

Jim Womack

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St. Louis Personal Injury
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At Burger Law | St. Louis Personal Injury Lawyer, we are a team of personal injury attorneys who have earned many distinctions and peer-reviewed awards for our civil litigation and trial work in Missouri and Illinois. A few of the honors we have earned include the Multi-Million Dollar Advocates Forum, Top 100 Trial Lawyer Award, a Martindale-Hubbell AV rating, Super Lawyers selection as one of the top attorneys in the field of personal injury and board certifications in Civil Litigation.

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