Out of the thousands of products that are made in the United States each year, there are some that are defective or dangerous to use. If you have used such a product and have been injured while using it, then you can recover damages through a Product Liability case. Such cases hold any person responsible for making the product available to you, liable for damages arising out of injuries caused by such products. But for that, you, as the victim or the injured, have to prove that the makers or sellers of the product are at fault due to some negligence and have to prove that negligence.

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To recover damages from anyone for your injuries, you need to prove that they were negligent or careless in the making of the product and this led to your injuries. However, this is easier said than done. It is difficult to prove that the maker of a product was careless or negligent in its making. It may be impossible to prove that any seller knew about the manufacturer’s defects or that they themselves caused the defect after receiving the product from the maker. For this reason, the law recognizes something known as ‘strict liability’, which will help injured people to recover damages from manufacturers and sellers of defective and dangerous products without having to prove that they were actually negligent.

What Is Strict Liability

Under ‘strict liability’, if you have been hurt by any consumer product, then you can recover some damages from the maker of that product or from the person who sold you such a product. Strict liability can hold true for a seller of any dangerous product only if that seller is in the business of regularly dealing in and selling such products. So if you bought something from someone who sells any type of products without regularly selling any particular kind of product, then strict liability may not apply against such a seller.

Proving Strict Liability

If an injured of a dangerous product can prove three conditions, then he or she is entitled to damages under strict liability. No matter what the manufacturer or seller of a product may say in their defense, if these three conditions can be showed to exist, then strict liability will apply in case of such a product. These three conditions are:

The product should be ‘unreasonably dangerous’ meaning that it should have some defects or dangers that are not apparent to consumers and they cannot ordinarily imagine such dangers. The product could be made dangerous due to any design, manufacturing, or marketing defect due to which it cause injury to the consumer.

Due to the defect, the product caused injury while it was being used. And such usage was exactly in accordance with what the product was meant to be used for.

The product is in exactly the same condition as when you bought it. You did not alter the product in any way that may have caused a change in the performance of the product or changed the manner in which the product works.

If all the above three conditions exist, then a claim for strict liability can be made and proved.

Consumer’s Role in Proving Fault

If the consumer has had the product for a while and if the defendants in a strict liability claim can prove that the consumer continued to use the product even after being aware of its dangers, and then this can be a successful defense for them. In such cases you may have lost your right to claim any injury damages even though you may have been injured by a dangerous product.

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