Strict Liability Laws in Personal Injury Claims

Posted By on Feb 19, 2014 | 0 comments


Strict product liability is the absolute responsibility for damages or injury given to a person or party even without proof of fault or negligence. This is a legal responsibility from anyone involved in the chain of manufacture of a product that caused damages or injury to a consumer. Strict liability does not depend on the level of caution or care of the defendant, but then defendant is held liable so long as the product is proven to be defective.

In most tort cases, the key factor is proving negligence or fault through the standard of action of the defendant. To be guilty of negligence typically means the plaintiff should present evidence of any conduct or manner that is below the expected standard of care of an average reasonable person. This rule does not apply to strict liability claims. Strict product liability disregards any inquiry on the standard of conduct of the defendant; it has replaced the “standard negligence rule” because it has been too difficult to establish fault or negligence on the part of the manufacturer.

For strict liability case, plaintiffs should be able to show that the product was marketed in a dangerous condition and that the marketer was aware that the consumer will receive the product without any changes on it. It is also important to show that the defective product caused injury to the plaintiff or his property. Although the state has accepted the strict product liability law, the manufacturer is not automatically liable. Some situations where the plaintiff can be at fault includes him using the product knowing there is a chance of injury (assumption of the risk), an event or person have interacted that may have been the real cause of the injury, or the plaintiff’s own carelessness contributed or is the actual cause of injury.

Those who can be sued for strict product liability include manufacturers, retailers, and distributors. Any of these can be the defendants in the personal injury or product liability claim, and once the case has been filed, it is then the responsibility of the defendant to prove who among them are really at fault and who should pay compensation for the damages.

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