Strict Liability Is

Strict liability is a legal theory that is most widely used in the area of products liability. Under the theory of strict liability, a consumer who has been injured or harmed by using a product, such as a medication with an unanticipated side effect, a defective lawnmower, or a malfunctioning toy, has the right to seek compensation for his or her injuries directly from the manufacturer. In this sense, the manufacturer is "strictly liable" for the damages that occurred to the consumer; in other words, the injured consumer does not have to prove that the manufacturer knew of the defect, was careless in regard to the defect, or intentionally placed a defective product on the market. The legal theory of strict liability was, in large part, developed due to the social policy that manufacturers should be responsible for any dangerous products that they place on the market, whether they do so intentionally, recklessly, carelessly, or even completely unknowingly. Not only does strict liability promote the idea of companies taking appropriate safety measures in order to safeguard consumers from their products, but it also permits consumers to seek recovery for their losses in a fairly easy way, with a minimum of proof involved, other than the fact that they were injured by the product.

Fast Facts

  • Bunk beds have caused 57 deaths of children by entrapment, 55 of which involved children under the age of 3.
  • There have been at least 194 deaths since 1994 of children who became entangled in window blind cords.

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