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Proving Strict Liability in Product Injury Cases

Defining Strict Liability

In traditional liability cases, you have to prove a party was negligent and that their carelessness or lack of foresight caused your injuries. When dealing with a product liability case, proving when, where, and how such negligence occurred can be very difficult. Strict liability does not require you to prove negligence. You need only prove you were injured by a dangerous or defective product.

Note that strict liability only applies to manufacturers or resellers who specialize in a specific type of product. It generally does not apply to garage sales, thrift stores, or other stores that sell a wide assortment of goods without a specific focus.

The Three Conditions Of Strict Liability

  1. An Unreasonable Defect: The product defect has to be unreasonably dangerous. It has to have injured you or someone else when using the product. This defect can occur at any point during the product’s design, manufacturing, or shipping phases.
  2. Cause Of Injury: To prove strict liability, a product has to be the direct cause of an injury. Also, the product has to be used in the way it was designed and intended to be used by the manufacturer.
  3. No Substantial Changes: Lastly, a product cannot be substantially changed from its original out-of-the-box design. In this case, a substantial change is one that changes how a product functions.

Product Injury Case Help

If you or someone you love has been hurt by a defective product, contact the Schiffman Law Office, P.C. today. It is important to receive legal advice as soon as possible because strict liability cases are affected by when an injury occurred, when a defect was discovered, and any existing class action lawsuits. Call Schiffman Law Office, P.C. today for a free consultation.

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Contact us using the form below and get a certified attorney on your case, or call us today:  (602) 266-2667

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