Strict Product Liability Flashcards, test questions and answers
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What is Strict Product Liability?
Strict product liability is a legal theory that holds manufacturers liable for any harm caused by their products, regardless of fault. This type of liability exists to protect consumers from dangerous or defective products, and it ensures that manufacturers are held accountable for their actions. Strict product liability also serves to encourage manufacturers to produce safe and reliable products.Under strict product liability, a manufacturer is liable for any injuries or damages caused by its products regardless of the amount of care taken in designing and producing them. This includes potential defects in design, manufacturing, warnings, or instructions that make a product potentially dangerous or unsafe. The injured party does not need to prove negligence on the part of the manufacturer; instead they only have to show that the product was defective and that it caused injury or damage. To successfully pursue a claim under strict product liability, an injured party must be able to show three elements: 1) that there was a defect in the product; 2)the defect existed when it left the control of the manufacturer; and 3)the defect caused injury or damage to the plaintiff’s person or property. If these elements are established, then it is likely that a successful claim will be made against the manufacturer under strict liability law. The main purpose of strict product liability is consumer safety. By holding manufacturers responsible regardless of fault, it encourages them to take greater precautions when producing goods so as not to injure people with their products. Without this kind of legal protection consumers may be at greater risk from defective items which could cause serious injury or death if used improperly.