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If you purchased a product and were injured while using it under normal uses of the product, you may have cause for a lawsuit against the manufacturer under the strict product liability doctrine. You should consult a strict product liability attorney who can examine your case to see if you have the legal merit to move forward with a lawsuit.
Strict product liability states that any person or business who sells a product that is inherently dangerous to an average user could be held accountable for physical injuries that may have occurred or for damaged property. Strict product liability is similar to product liability in that the product’s defect could occur in one of these three ways:
1. The defect may have taken place in the process of manufacturing the product or in the engineering and design of the product.
2. The defect may have occurred in the packaging of the product.
3. The defect could have occurred with the marketing of the product if incorrect information was given on how to use the item in question.
Strict product liability is different from product liability because the plaintiff does not have to prove negligence. As a legal concept, negligence refers to behavior that is blameworthy because it falls to do what any reasonable person would do to protect someone else from foreseeable risks of injury. Even if the manufacturer took precautions to ensure the product’s safety they are still at fault under the legal principle of strict product liability. The plaintiff does have to prove that the defective product was the cause of their personal injury or property damage and that they were using the defective product at the time of the injury. A business or manufacturer is not guilty of strict product liability if the injury or property damage was caused by the unforeseeable use of the product.
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