Strict Liability Tort

Generally, in order to maintain a successful strict liability tort lawsuit against the manufacturer of a product, a consumer must be able to meet three conditions. First, the consumer must be able to show that the product in question had an unreasonably dangerous defect that caused injury or harm to the consumer. This defect could have arisen during the design, manufacturing, and/or distribution process. Second, the consumer must be able to show that the injury or harm resulting from the product occurred when the consumer was using the product in the manner in which it was intended to be used. Third, the consumer must be able to show that the product was not substantially altered, in terms of the way that the product was designed to operate, from the condition that the product was in at the time it was sold. If a consumer is able to meet these three conditions, then it is likely that he or she will be able to mount a successful products liability claim against the manufacturer of a defective product that caused injury to the consumer.

Fast Facts

  • Bicyclists who are not wearing helmets are 14 times more likely to be involved in a fatal crash than bicyclists not wearing helmets.
  • Anywhere from 45 - 88% of brain injuries due to bicycle accidents could be prevented by bicyclists using helmets.

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Articles

Results 1-5 of 101 for "strict liability tort"

  • Toxic Tort Lawsuit: Strict Liability Claim

    Toxic tort lawsuits are based upon negligence theories of law but can also include strict liability based alle...
    • Site: personalinjurylawyer.com
  • Product Liability Overview

    Product liability torts cover the area of common law that allows for plaintiffs, also known as victims, to pur...
    • Site: lawfirms.com
  • Elements Required in a Product Liability Suit

    When a consumer buys a product they can expect it to meet certain ordinary expectations. If a manufacturer or ...
    • Site: lawfirms.com
  • What is Strict Product Liability?

    Strict liability is liability without proof of negligence or intentional wrongdoing.  A defendant’s liability ...
    • Site: productliabilitylawyer.com
    • 2 of 3 user(s) found this useful
  • What is the Basis for Liability in Product

    The laws surrounding defective product cases vary from state to state. There are three legal theories that are...
    • Site: productliabilitylawyer.com
    • 2 of 2 user(s) found this useful

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Results 1-5 of 8 for "strict liability tort"

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