Strict Liability

Strict Liability often applies to Products Liability claims, which occur frequently due to defective products in the consumer market. Liability occurs when an individual has been injured in the use or consumption of a product and when the manufacturer could have removed the product, or identified the defect beforehand. Strict liability occurs whether or not negligence or malice is involved.

There are five elements in a Strict Liability claim. (1)Injury was caused by a defective product (Restatement of Torts 2d 402A), (2)Type of Defect- Manufacture or Design Defect, (3) Plaintiff must show the product was defective when left hands of the seller, (4)The Defect was the Substantial Cause, and (5)Damages- Physical injuries, economic loss, or property damage claims. If all elements are satisfied there is a viable claim.

There are a number of defenses that may apply under a Strict Liability claim. Defenses include:(1) Defect was not the proximate cause of injury. (2)Article to be processed, (3) Abnormal Use- when the use is unforeseeable, (4) Voluntary and Unreasonable Assumption of risk, (5) known or avoidable dangers, (6) Adequate Warning given, and (7) Unforeseeable Danger where no duty to warn is created.

When a product failure is present in a case there is needs to be a more extensive investigation made. Products liability cases are one of the most complicated type of lawsuit in personal injury claims. These cases involve a lot of time and money in order to litigate. First, the evidence is crucial to a vital claim. Evidence needs to be preserved in the state it was in following injury. If the product is lost and no pictures are available, a viable claim is not likely to occur. In addition, if the product brakes into pieces all of the parts need to preserved for expert analysis. Second, the investigation needs to determine if the product injured others in order to include other potential claimants or to be used as evidence that the product was in fact defective.

In a products liability action, there needs to be an obtainment of relevant documents. The claimant is advised to obtain brochures on the product, warning labels, relevant information and marketing tactics in order to choose the most appropriate theory of liability. One type of theory is Failure to Warn. Under this type of action, a product is defective even if the product is harmless.

If the manufacturer fails to provide adequate instructions and/or warnings to use the product properly liability is issued. Secondly, Misrepresentation- Breach of Warranty may impose liability for intentional misrepresentation of the product. This occurs when the buyer makes a statement or promise to the buyer, which relates to the goods being sold. Furthermore, these are some examples of the possible claims that may be asserted.

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