Strict Product Liability

Strict liability, by definition, makes a person responsible for the damage and loss caused by his or her acts and omissions regardless of fault. Strict liability is particularly important in torte or product liability. Product liability deals with the laws involved in manufacturing, distributing, supplying, and selling products and holding the people who are responsible for each event in the chain responsible for any negligence. Before strict product liability, injured parties had to prove that the defendant's actions or manufacturing of a product fell below the standard of care. Basically, if an entire industry practices in the same manner, the standard of care is set at the rate. Strict product liability places the focus of the negligence on the product itself, rather than the manufacturer's negligence. Under this type of liability, the manufacturer is held responsible, even if there was no negligence on the part of the manufacturer. Strict product liability was the result of the courts deciding that it was too difficult to require seriously injured consumers to prove negligence against retailers or manufacturers. The courts began to look for ways to enforce an implied warranty. California became the first state to throw out the fiction of a warranty and to put in place the doctrine of strict product liability.

Fast Facts

  • Strict liability is also known as liability without fault.
  • Manufacturers of products must be able to guarantee their products are safe for their intended use, regardless of being manufactured correctly.

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  • What is Strict Product Liability?

    Strict liability is liability without proof of negligence or intentional wrongdoing.  A defendant’s liability ...
    • Site: productliabilitylawyer.com
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  • Strict Product Liability

    Strict Product liability refers to the liability of any or all parties along the chain of manufacture of any ...
    • Site: personalinjurylawyer.com
  • Electrocution Injury

      Electrocution is the electric shock of a human body resulting in death.  In reality, anyone who receives an ...
    • Site: personalinjurylawyer.com
  • Product Liability Overview

    Product liability torts cover the area of common law that allows for plaintiffs, also known as victims, to pur...
    • Site: lawfirms.com
  • Elements Required in a Product Liability Suit

    When a consumer buys a product they can expect it to meet certain ordinary expectations. If a manufacturer or ...
    • Site: lawfirms.com

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