What is Strict Product Liability?

In product liability claims, the strict liability rule states that a seller, distributor, or manufacturer of a defective product is liable for another person’s injuries – regardless of whatever action he or she took to make sure the product’s defect never happened. As with most rules, there are a number of exceptions that can be applied, depending on the nature and circumstances of the claim.

What You Must Prove in Strict Liability

Typically when pursuing a product liability claim, the plaintiff must prove that whoever is name as the defendant – whether it be the seller, distributor, or manufacturer – acted in a way that no reasonable person would, given a similar situation. In strict liability, however, the actions of the defendant are not analyzed or taken into consideration.

As the plaintiff in a strict liability case, you must prove the following:

  • The product in question was sold in a condition that is considered “unreasonably dangerous”
  • Whoever sold the product did so with the intention and expectation that it would reach the consumer in its defective form
  • The victim, or the victim’s property, was harmed or injured by the defective product

Strict Product Liability Does Not Mean Automatic Liability

Although what you’re required to prove under strict liability is less than what is normally required in a normal product liability case, it’s not to say that liability is automatically established. The person or party responsible for the creation of the defective product can argue that you used the product incorrectly or that you used it in a way that would obviously lead to an injury.

The Los Angeles product liability attorneys at Shoop | A Professional Law Corporation are nationally recognized for their consistent track record of multi-million dollar verdicts and settlements. If you’ve been harmed at the hands of a negligent and careless seller, manufacturer, or distributor, don’t hesitate to put our trusted team on your side.

Request your free case consultation or call our firm at (866) 844-1717 today to get started.