Strict Liability Criminal

Strict liability is a common legal theory that is applicable in state product liability laws. Under a strict liability theory, the manufacturer is responsible for any injuries and/or harm that results from the product when used by the consumer. The only burden of proof on the consumer is to show that the product is defective in some way. In this regard, it does not matter how careful or safety-conscious a manufacturer was in creating a product. The manufacturer will be liable for harm caused by the product, regardless of the circumstances. However, strict liability and criminal charges can combine in a case where it is proven that a manufacturer intentionally or recklessly caused injury to consumers, for example, by marketing or selling a product that it knew to be defective and/or cause some risk of injury. In extreme cases, where serious injuries and/or deaths have occurred, and there is evidence that the manufacturer knowingly created and/or provided consumers with an unreasonable risk of harm, criminal charges can result.

Fast Facts

  • Since 1990, there have been 11 reported deaths due to trampoline usage, with the cause usually being a fall from the trampoline.
  • In 2006, there were 750 deaths reported as a result of using all-terrain vehicles.

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