In most product liability cases, you must prove negligence to show someone was liable for your injuries. However, a concept known as strict liability makes it much easier to take on product manufacturers and recoup compensation. Strict liability is a manufacturer’s complete responsibility for injuries its product causes.
If a defective or dangerous consumer product injures you, the manufacturer, seller, or other party involved in the design, creation, or distribution of that product may be responsible for compensating you for those injuries, regardless of whether any party knew of the defect or danger
What do I need to do to make a strict liability claim?
To make a strict liability claim, you must meet three criteria:
- The product was defective, leading to an injury.
- You were using the product as intended when the injury occurred.
- You did not alter the product in any significant way that contributed to the injury.
It is important to note that defects are not always a result of manufacturing. Parties may introduce the defect during design, packaging, shipping, or distribution. For example, if a packager neglects to place an adequate warning label on the product and it injures you, you may have a strict liability case.
An Ohio product liability lawyer will be able to help you determine who holds responsibility for your injuries.
Are there defenses to strict liability?
While strict liability almost always assumes the responsibility lies with the manufacturer or seller, there are some exceptions to the rule. If you file a product liability lawsuit against a company, you can expect the defense to claim one of the following:
- You used the product in a dangerous manner, against product instructions.
- You were aware of the defect, but used the product anyway, assuming the risk.
- You were careless or negligent, causing or worsening your own injuries.
- Another person, company, product, or event was actually the cause of your injury.
Is strict liability the basis of all product liability cases?
In the majority of product liability cases, filing a claim based on strict liability is the best option available. While you can file a negligence suit if necessary, negligence may be very difficult, expensive, or impossible to prove.
To prove a manufacturer or store was negligent in designing, making, or selling a product, you must show they “failed to exercise reasonable care” in getting the product to you. Carelessness is easier to prove in some cases than in others. Be sure to talk to an attorney about the best route to compensation based on the facts of your case.
How can Bressman Law help?
Product liability lawyer David Bressman has represented clients in a wide variety of product liability cases. If you sustained injuries from a defective product, you may be eligible to receive compensation from the manufacturer or seller. This may include money for medical bills, lost wages, pain and suffering, and more. Contact us today at 877-538-1116 to discuss your case.