Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

What is strict liability?

On Behalf of | Jul 1, 2021 | Product Liability |

When companies make products, they have an obligation to make them safe for consumers in Orlando, Florida. Statistics show unsafe products cause over 20,000 deaths and almost 3 million injuries annually. Many businesses that make defective products commonly face strict liability claims.

Strict liability overview

Strict liability states that the business can be held responsible for defective products regardless of mental state or intention. The law also applies in spite of the defendant doing everything to ensure product safety, which includes warning labels. In most injury cases, such as slip and falls, the defendant’s behavior is commonly a factor.

The defendant’s behavior under strict liability may fall under four other mental states: acting intentionally, acting recklessly, and acting knowingly. Strict liability doesn’t require proof, because plaintiffs would have difficulty winning product liability cases. However, consumers must still prove they were using the product as intended, they weren’t careless, and another person did not cause the injury.

Defects covered under product liability

Design defects usually mean the original design was unsafe, such as a chair designed with wheels that tip the chair easily. In this case, the products made in the entire line pose a risk to consumers.

Other design flaws happen during manufacturing, which may involve only a few products. This commonly occurs when the manufacturer uses another type of material if they run out of the original.

Even on products made correctly, the warning labels are not always accurate and may omit important details. For example, if a manufacturer fails to warn about the risks of mixing certain medications, they could be liable for damages.

Strict liability does not always make a manufacturer liable, and damages could occur anywhere along the chain. Only a lawyer can determine if the plaintiff has a chance of winning a case.

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