When a product is unreasonably dangerous or the condition it is sold in makes it defective, the seller or manufacturer may be held accountable for such a condition without any fault or negligence. This is called strict liability.
For example, if you buy an electronic device that electrocutes you, even if the manufacturer of the device did not do anything negligently, you may still be able to recover for your injuries.
What is “Defective” or “Unreasonably dangerous”?
If the ordinary person would think that the product is too dangerous based on their knowledge about the product and how it is supposed to perform, then it may be considered defective and unreasonably dangerous.
Certain exceptions do apply to the strict liability rule. Some products, by nature, cannot be made safer than they are without losing many of the extremely important benefits. For example, prescription drugs can have negative effects but still have significantly greater benefits than harm. However, this does not relieve manufacturers of these products from their duty to warn consumers.
Burden of Proof
To prove strict liability, a plaintiff needs to demonstrate that the product was manufactured or sold by the person or company you are trying to sue. The plaintiff also needs to demonstrate that there is a defect and that the defect caused the injuries.
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