Strict Liability Torts

Strict liability torts are personal injury claims that are governed by a legal theory of strict liability, which holds the maker or manufacturer of a product responsible for any harms or injuries that result to consumers who use the product. Strict liability is primarily based on the social policy that in terms of products sold to the general public, it would prohibitively expensive, not to mention extremely difficult, for an injured individual to have to prove how a manufacturer was careless or reckless in creating a defective product. Furthermore, a consumer should not expect that any general product used by a large segment of the public is defective or dangerous in some way, or that he or she should have to personally examine each product to determine whether it is defective or dangerous. This would simply place too much of a burden on the consumer, and not enough responsibility on the manufacturer. To hold otherwise would make it virtually impossible for consumers to recover any compensation for their injuries due to defective products, and it would give no incentive for manufacturers to try and manufacture safe products.

Fast Facts

  • In June, 2009, Mattel and Fisher Price agreed to pay a $2.3 million civil penalty for violating the ban on excessive lead paint levels in children's products.
  • About 2,300 hairdryers were recalled in 2009 due to a lack of safety precautions to prevent electrocution while using the devices.

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