Legal Theories

A partial list

Negligence:
- A cause of action founded upon carelessness.
Strict liability in tort:
- A cause of action founded upon the inherent dangerousness of certain animals and activities.
Products liability:
- A cause of action founded upon a flaw in a product.
Premise liability:
- A cause of action founded upon a defect in real property.
Wrongful death:
- A statutorily created cause of action is available to one who has been killed as a result of the acts of another. Wrongful death actions are not so much new causes of action rather than an expansion of the class of “persons” who may sue. Prior to the passage of wrongful death statutes, the deceased were not permitted to seek compensation for their losses due to the accident. To recover under the wrongful death statute, one is required to prove some underlying theory of liability such as negligence, strict liability in tort, etc.
Sovereign immunity:
- The state is immune from liability for wrongful conduct (negligence, strict liability in tort, etc.) except to the extent that state has waived its immunity by statute. By statute, the state has expanded the class of persons subject to suit to include itself but only in limited circumstances and only in the amounts it permits.
Statutory limitations:
- Many limits have been imposed upon the rights of plaintiffs including the abrogation of joint and several liability in some cases and for some types of damages. Most notably, so called Fabre’ defendants (persons who are not party to the suit) may be blamed for the loss, thereby reducing the defendant’s liability and the plaintiff’s recovery.

If you have more questions about what theory of liability may apply to your case, call for a free consultation.