Strict Liability

When a product is unreasonably dangerous or sold in a condition that makes it defective, the seller or manufacturer may be liable for such a condition without any fault or negligence. This is called strict liability.

For example, if you purchase an electronic device and it electrocutes you, even if the manufacturer of the device did nothing negligent, you may still be able to recover for your injuries.

What is “Defective” or “Unreasonably dangerous”?

If an ordinary person would believe that the product is too dangerous based on his or her knowledge about the product and how it should perform, then it may be considered defective and unreasonably dangerous.

Exceptions

Certain exceptions, however, do apply to the strict liability rule. Some products, by their nature, cannot be made any safer than they already are without losing extremely important benefits. For example, prescription drugs may have negative effects but still do significantly more good than harm. However, this does not relieve manufacturers of these products from their duty to properly warn consumers.

Burden of Proof

To prove strict liability a plaintiff must demonstrate that the product was manufactured or sold by the person you are trying to sue. The plaintiff must also demonstrate that there is a defect and that the defect was the cause of the injuries.

Free Consultation

To speak with a Woodland Hills Products Liability Attorney for a FREE consultation contact our office at 818-334-5711.

Products Liability Articles