July 30, 2021

What is “Strict Liability” in a Products Liability Case?

What is “Strict Liability” in a Products Liability Case?

What is Product Liability

A producer or seller might be held accountable for placing a defective product in the hands of a customer. All sellers of the goods in the distribution chain bear responsibility for a product flaw that causes injury, and you should contact a product liability attorney in Sacramento if affected.

In general, the law mandates that a product meet the consumer’s ordinary expectations. When a product contains an unforeseen flaw or hazard, manufacturers should not make claims of meeting the consumer’s standard expectations.

There is no product liability legislation in the United States. Still, each state will have many commercial laws fashioned after the Uniform Commercial Code that will include warranty provisions impacting product liability, of which Sacramento product liability lawyers are knowledgeable.

What is Strict Liability for Product Liability?

Strict Liability allows an individual harmed by an impaired or suddenly hazardous commodity to get reimbursement from the distributor or manufacturer without showing that they were negligent.

Here’s how strict liability works:

If a consumer product has injured you, you’re entitled to compensation from the manufacturer or business from which you bought or rented the product.

Strict liability impacts a non-manufacturer who sells or leases a product only if their business focuses on those particular kinds of products, so you should call a Sacramento product liability attorney.

Proving Fault and the Rules of Strict Liability

If all the following elements present, proving responsibility in a product liability action does not need a demonstration of carelessness on the side of the producer, regardless of what precautions the manufacturer or seller claims it took in creating and distributing a consumer product:

• The product had an “unreasonably dangerous” flaw that caused you harm.
• Defects occur through design, production, or handling or shipment;
• The defect caused an injury during use of the product in the correct way;
• The product had no major adjustments made to it from the form in which the consumer bought it, to a degree that impacts the product’s performance.

Manufacturers’ and Sellers’ Defense: Awareness of the Defect

Manufacturers and sellers have a defense to claims of strict liability that might be incredibly crucial if you’ve acquired the product for some time. That is, a strict liability claim is invalid if you were aware of the defect but still proceeded to utilize the product.

If it appears that you were aware of the defect before the accident — either from the condition of the product or from your description of your use of the product — but used it anyway, you may have given up your right to claim injury damages. Contact a defective product attorney in Sacramento if you’re uncertain.

What are California Laws in Regards to Strict Liability?

There are two situations under which Strict liability gets recognition by California law:

• When a plaintiff gets injured, harmed by defective products, the defendant made or distributed
• When the plaintiff gets injured by a domestic animal with recognized dangerous inclinations

Are There Products Not Covered

Specific “inherently harmful, popular consumer” commodities, medical devices, and prescribed drugs are exceptions to this general norm.

In addition, there are limited product liability lawsuits against makers of rifles and ammunition. Manufacturers are free from strict liability for injuries caused by prescription pharmaceuticals if the substance was correctly produced and accompanied by warnings of the drug’s harmful tendencies known or scientifically recognized at the time of distribution.

How an Experienced Sacramento Personal Injury Lawyer Can Help

Time might not show you favor if a harmful or defective product has hurt you or a loved one. You may need to act quickly depending on a variety of variables. In a product liability suit, Sacramento personal injury lawyers at Manzoor Law Firm can assist you in proving fault.