A manufacturer is subject to “strict liability” when it is
responsible for all damages / injuries connected to a product,
even if the manufacturer wasn’t necessarily negligent. Commonly found in tort law, strict liability imposes absolute liability
on the product manufacturer and ensures that injured parties recover the
compensation they deserve and need. This concept is closely connected
to product liability lawsuits.
Strict Liability and Product Liability
In most product liability cases, the plaintiff maintains that the manufacturer
is responsible for several layers of legal responsibility. This might
include breach of warranty, negligence, or failure to warn. Additionally,
the plaintiff might assert that the manufacturer should be held strictly
liable for injuries.
Without strict liability, proving negligence in a product liability case
is very difficult – if not impossible. The concept of strict liability was created to the fill this gap in the law.
What does this mean for your personal injury lawsuit?
In order to enforce strict liability in a
product liability lawsuit, you must demonstrate that the product was “unreasonably
dangerous.” Additionally, you can only claim strict liability if
you were using the product for its intended purpose at the time of the injury.
Proving Strict Liability for Dangerous Products
If you sustained a serious injury using a dangerous product, you probably
have a lot of questions about your legal rights and options. In order
to recover compensation through strict liability, you must be able to
demonstrate the following:
- The product is inherently dangerous, even when consumers use it for its
- You suffered an injury while using the product according to the manufacturer’s
At Simeone & Miller, LLP,
we are dedicated to helping our clients recover full and fair financial
compensation for their injuries. When you work with us, you don’t have to worry
about upfront costs associated with your case; you only pay if we win!
To learn more,
contact our office today and ask about our free consultations.