The Use of Strict Liability in Product Liability Claims
Posted on January 9, 2015 | Categorized: Defective Products
Under the strict liability doctrine, a person who suffered injuries as a result of the use of defective product can hold the manufacturer responsible for the injuries without the need to prove negligence.
In other words, the person can hold the manufacturer liable even if the manufacturer did everything possible to prevent the defect. The basis of product liability is that a manufacturer is responsible for its product, and if the product causes injury, then the manufacturer is liable.
If you are filing a product liability claim based on strict liability, you only have to prove that the use of the product caused your injury. The defendant’s behavior doesn’t play a major role in your claim.
Limitations of Strict Liability
However, that doesn’t necessarily mean that you automatically have a claim for damages when you suffer injuries while using a defective product. There are several defenses a company may use to deny your claim.
The company may claim that you did not use the product in the intended manner or that your negligence contributed to the injury. The company could also claim that you were aware of the defect and continued to use the product.
If you suffered injuries because of the use of a defective product, speak to a product liability attorney to understand whether you have a claim for damages and for help addressing any defenses the manufacturer might use.
Who is liable under strict liability law?
Under the strict product liability doctrine, you can hold the manufacturer of the product liable for your damages. But there might be other parties that are liable too.
If you can prove that another party – like a retailer or wholesaler – was negligent in some way and contributed to or caused the defect, you can pursue a claim against that party as well. To learn more about how to identify the parties that you can name in your product liability claim, speak to an attorney.
Damages Available under Strict Product Liability Laws
If you’re filing a strict liability claim for a defective product that caused your injuries, you could possibly recover a number of damages, such as those listed below.
- Lost income
- Medical expenses for your treatment
- Diminished income earning capacity
- Pain and suffering
If you suffered injuries because of a defective product, call 855-529-0269 to set up a consultation with an attorney at Chalik and Chalik.
We’ll go over these topics and more.
- Strict product liability
- Whether you have a valid claim
- Parties that might be liable
You can also use our contact form to set up your consultation.