Strict Liability vs Product Liability: What’s the Difference?
Did you know that up to 400 products are recalled every year by the Consumer Product Safety Commission? If you are trying to figure out the difference between strict liability and product liability, we are here to help clear up any confusion between the two.
Keep reading to learn the ins and outs of both strict liability and product liability.
What Is Strict Liability?
The strict liability rules say that someone will be strictly viable even without a victim proving fault or negligence. When it comes to products the strict liability law says that a manufacturer of a defective product will owe a person that is injured compensation. This is the case even when the defendant took steps to prevent the item from being defective.
Strict liability also applies to pet owners or dangerous unreasonable activities. A courtroom might assign liability even in the event where a plaintiff doesn’t have proof that the defendant is at fault. Usually, there are different burdens of proof than standard civil claims.
You can check out this link to see if you have a strict liability case that an experienced attorney can help you with.
What Is Product Liability?
This is the case when you want to hold a manufacturer liable for an injury that you received while you were using their product. The main difference between strict liability and a product liability case is that when it comes to product liability you have to be able to show some type of negligence from the defendant in the case.
One of the ways to show proof is via manufacturing defects. This is when you can show that there are outdated components, or wrong parts attached, pieces attached incorrectly, using the wrong types of screws, etc. An example of this is making lamps that are prone to causing a person to experience an electric shock when they are plugging it in.
Another way to prove product liability is through design defects. This is where you allege and can show that the product design was incorrect and it caused it to become dangerous to the consumer. An example of this is a rocking chair that can’t hold the weight that it claims to hold.
A third way to prove this type of liability is through a failure to warn. Every product designer has to warn their consumers about any limitations the product has. If they fail to do so and you get hurt then you can go to court for product liability.
Feeling Like a Strict Liability vs Product Liability Pro?
We hope that now that you know more about these two different types of liability, you can make an informed decision whether or not you have a strict liability or product liability case on your hands. If you feel that you do then it is time to find an attorney with experience to help you fight for what you deserve.
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