What is Strict Products Liability?
Posted on August 31, 2021 in Product Liability Litigation
Defective products can cause significant injuries or illnesses for consumers. When this occurs, injury victims should be able to recover compensation from the product company, manufacturer, distributor, seller, or another party responsible for the product. In these cases, the concept of “strict liability” will arise.
Strict product liability has to do with the company or manufacturer responsible for a product being held liable regardless of whether or not they did everything possible to make sure a defect never occurred. Here, we want to delve into strict liability a bit more so that you have an idea of what to expect moving forward with your particular claim.
What is Strict Liability for Product Defect Cases?
Strict liability for defective product claims will fall to the manufacturer or retailer if the product causes an injury to a consumer, even if the product was designed safely, properly manufactured, and contained appropriate warnings.
Why would companies or manufacturers hold liability for safe products that cause an injury?
The theory behind strict product liability is that if a consumer had to prove who in the chain of production was responsible for causing a product defect, they would have almost no chance of winning a case. It can be very difficult for individuals to go up against large corporations in these situations.
What Must be Proven to Win a Strict Liability Product Claim?
Even though strict liability does exist, there must be certain elements proven in order for the companies, manufacturers, or retailers to be held responsible. Consumers have to prove the following:
- That the product was unreasonably dangerous at the time it was designed, manufactured, or sold.
- The parties involved had no expectations that the product would be altered before it reached the consumer.
- The consumer sustained an injury, and the injury was a result of using the product.
- The product was used in a way that was approved or foreseeable by the manufacturer or retailer.
It is crucial to show that an injury was indeed caused by a product and that the product was in the same state at the time of the injury that it was in at the time of purchase.
In the event a consumer alters a product themselves in any way and is then subsequently injured, the manufacturer or retailer may not hold liability for the injury, even if the alterations were not responsible for the injury.
Working with a Skilled Product Liability Attorney
If you or somebody you care about has been injured as a result of using or consuming a product, you need to speak to a skilled product liability lawyer as soon as possible. An attorney can use their resources to conduct a complete investigation into these cases and help determine exactly what happened. Going up against companies, manufacturers, and retailers can be nearly impossible for injury victims to do on their own. An attorney will work diligently to recover full compensation for their client’s losses, including:
- Coverage of all medical bills related to the injury
- Lost income if a victim cannot work while they recover
- Any household out-of-pocket costs
- Pain and suffering damages
- Loss of enjoyment of life damages
The total amount of compensation available in these situations will vary depending on the facts and circumstances related to each defective product claim.