Injured by a Defective Product?

If a consumer suffers injury due to a defective or unexpectedly dangerous product, the legal doctrine of “strict liability” enables that the injured party can recover compensation from the manufacturer or seller of the product, whether or not the maker or seller of the product was actually negligent. Under this doctrine, the plaintiff is not required to show that the manufacturer or seller was actually negligent.

Strict liability also operates against a non-manufacturer who rented or sold a product, but only if the non-manufacturer is in the business of regularly renting or selling those particular kinds of products. Thus, strict liability might not apply if a consumer purchased a defective product at a place that does not carry the item on a regular basis.

HINT: Would-be plaintiffs may not be able to claim strict liability if they knew about the defect but continued to use the product anyway.