Proving liability in many
personal injury cases might be relatively simple and establishing that the person who
did you wrong is indeed that person. For example, if someone’s dog
bit you, you would be tasked with showing that the
dog bite injury came from that animal. When a
defective product hurts you, proving that the manufacturer caused the injury and not your
own mistake is a much more difficult task.
Strict Liability Removes Doubt
Theoretically any product can become hazardous if it is used in the wrong
manner. When you are hurt by a defective product, the manufacturer or
seller of the item could be quick to claim that you had been using it
incorrectly, perhaps even intentionally so, and that is why you were injured.
Unless the incident was captured on camera, what can you say to them and
the court to convince them otherwise? Not too much. But strict liability
laws have you covered.
In most product liability cases and in most states across the country,
product manufacturers are held to strict liability, or to the standard
that they are always responsible for a dangerous product failure. The
only way a consumer could know a product was totally safe would be to
test it before each and every use. Due to the unreasonable scenario that
requirement creates, strict liability mandates that it is up to manufacturers
to remove any chance of hazardous failures from products before they hit
In a strict liability product injury claim, it must be proven that:
- The manufacturer creates a product that was dangerous either by design
or would become dangerous through normal wear and tear.
- The consumer was injured by the product while using it normally and had
been exercising an expected level of caution.
- There had been no significant modifications made to the product prior to
its failure or the resulting injury.
Due to the openness of strict liability laws, it permits just about consumer
who has been hurt by a product to seek compensation. In turn, this heavily
encourages product manufacturers to create items that are totally safe.
And yet, dangerous products continue to be in the news, especially automobile
parts like airbags or
tires. Are manufacturers unaware of the dangers in their products, or just unaware
that strict liability laws could hold them accountable?
There is no guarantee that you will win compensation from a negligent manufacturer,
though, and they are always given the opportunity to defend themselves
in court. To prepare your case and optimize your chances of success, you
should partner up with our Stuart personal injury attorneys at Lauri J.
Goldstein & Associates, PLLC. We are passionate about taking up the
good fight for our clients and doing all we can to get them as much financial
compensation as possible.
Call 866-675-4427 today to set up a
free initial case evaluation with our staff.