Strict Products Liability

When involved in product liability cases people may hear the term strict products liability and wonder what this means. Strict products liability in simple terms means that in the chain of a product, from the manufacturer to the retailer, there is an inherent degree of liability for making sure the product is safe. In personal injury cases where product liability is the cause, strict product liability is used when negligence can't be shown but the product is defective regardless. This type of litigation shows that the defect may be on the part of the manufacturer not providing adequate instructions for use or in not foreseeing misuses of the product that could result in injury to the purchaser. Even though manufacturers may put waivers of liability or disclaimers on their products, these are often ignored and treated as invalid by the courts in personal injury cases for the simple fact that courts cannot condone the distribution of products that could be misused and injury be incurred. In product liability cases where strict product liability is the basis of the case, the plaintiff must prove that the product was the cause of personal injury or property damage and they were using the product in question at the time of the injury or damage.

Fast Facts

  • Strict product liability has been stretched to cover pets, intangibles such as gas, real estate, and writings such as navigational charts.

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