Definition Strict Liability

The definition of strict liability is generally that a manufacturer of a certain product is liable, or responsible for, any injuries or harm caused to consumers as a result of using the product in its original condition for its intended purpose. A potential defense to strict liability laws arises if the consumer is injured by a product after owning and/or using the item for a period of time. In these cases, the consumer may not be successful in seeking compensation from the product's manufacturer if the consumer was aware of the defect in the product, and/or the potential risk of harm from the defective product, and yet still continued to use the product anyway. For instance, if a consumer is aware that various styles of a particular type of infant flotation device have been recalled by the U.S. Consumer Product Safety Commission, but the consumer chooses to use the flotation device for his or her infant child anyway, the manufacturer may not be strictly liable for the consumer's damages if an injury occurs.

Fast Facts

  • Eight toddlers have strangled in their playpens when their clothing and/or pacifier strings caught onto protruding hardware on the playpens.
  • More than 10 million nets on toy basketball sets have been recalled due to the risk of children being caught in the nets.

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