Strict Liability Negligence

Unlike typical personal injury cases, products liability cases typically use the legal standard of strict liability, not negligence. Usually, a person that has been injured must prove that a person or entity acted negligently, or carelessly, in causing injury to the injured person. In the case of a person who has been injured by using a consumer product, however, such as a medication, a tool, a food item, or a household cleaner, for instance, the legal theory of strict liability applies. In a products liability case, the injured party simply has to prove that the product directly resulted in his or her injury, regardless as to whether the product's manufacturer intended harm to result, or acted carelessly in any way with respect to the manufacturing of the product. Thus, the burden of proof in a products liability case is a much lower standard than in a typical personal injury case, such as a case where a person has been injured by another driver's actions in a car accident.

Fast Facts

  • There have been 9 deaths and 25 injuries of children from older styles of child safety gates.
  • Every year, more than 10,000 people die in rollover vehicle crashes, although such crashes account for only 3% of all vehicle crashes.

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