Share on Facebook In a nutshell, strict product liability is a legal rule that says a seller, distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened. While simple in theory, the exceptions to the strict product liability rule can be somewhat complicated at times.
Products liability Overview Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
This includes the manufacturer of component parts at the top of the chainan assembling manufacturer, the wholesaler, and the retail store owner at the bottom of the chain. Products containing inherent defects that cause harm to a consumer or someone to whom the product was loaned, given, etc.
While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles i. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.
Defects That Create Liability Design Defects Design defects are inherent, as they exist before the product is manufactured.
While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. In 47 states, the plaintiff has the burden of proof to prove the existence of a design defect. Manufacturing defects occur during the construction or production of the item Only a few out of many products of the same type are flawed in this case Defects in marketing Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product Strict Liability Products Liability is generally considered a strict liability offense.
It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Overcoming Liability Even When the Product is Defective Even when a product is defective due to a design flaw, some courts will use one of two tests to find that the defendant has no liability. Products Liability and Forums Products liability cases can involve defendants and plaintiffs from a large number of jurisdictions, due to the number of steps required in the creation of a product, and the resulting large number of people who use a given product.Intentional Torts - Malice.
Intentional torts are different from negligence claims, in that intentional torts are the infliction of injury or damage to property that was carried out with malice, willfulness or reckless disregard for the other person's rights.
A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any.
Gorman Leta Gorman is a Director at Betts Patterson & Mines in Portland, Oregon, where she specializes in product liability, complex commercial, and construction defect litigation.
Strict liability is a legal term referring to the holding of an individual or entity liable for damages or losses, without having to prove carelessness or mistake.
The doctrine of strict liability is commonly applied to cases involving defective products. Such a claim relies, not on wrongdoing, but on the inherent hazards of the situation or product.
Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal or weapon.
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant..
In the field of torts, prominent examples of strict liability include product liability, abnormally dangerous activities .