Strict product liability is the theory that a distributor, seller, or manufacturer is liable for a defective product regardless of the plaintiff’s fault. It does not matter whether the seller, distributor, or manufacturer of the product reasonable steps to ensure the product was not defective.
What Are the Different Types of Strict Product Liability?
There are three different types of strict product liability:
- Warning Defect: A defendant is responsible for providing adequate warnings or instructions regarding how to use the product. If the product does not have sufficient warnings or instructions and an injury results from that lack, the defendant is liable.
- Design Defect: A product design defect is a problem with the product’s blueprints or design that has made it unsafe.
- Manufacturing Defect: With a manufacturing defect, the product’s design was sound, but the manufacturing process was imperfect and caused a harmful defect to be present in the product.
What Does the Plaintiff Need to Prove in a Strict Product Liability Case?
In a strict products liability claim, a plaintiff has to prove the:
- Product was sold in a dangerous, unreasonable condition
- Seller, manufacturer, or distributor expected and intended the product would reach consumers without any changes to it along the way
- Plaintiff and/or their property was injured because of the product’s defect
What Are the Defenses to Strict Product Liability?
A defendant does have defenses to the plaintiff’s claim, such as:
- Assumption of the Risk: The plaintiff knew and voluntarily accepted the risks and dangers associated with the product. This defense completely bars the plaintiff from recovering damages.
- Misuse of the Product: The plaintiff used the product in a way that was not intended or foreseeable.
Do I Need a Personal Injury Attorney for a Strict Product Liability Claim?
A defendant may be strictly liable for the defective product. As a plaintiff, you have to prove you were injured by the defective product. Contact a defective products attorney to understand more about filing a claim.