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 the market.
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.