New York Product Liability Lawyers

Elements of Strict Liability

Strict liability is one of the most commonly applied theories for proving responsibility in a product liability claim. Under normal circumstances, establishing liability for injuries means proving that negligence or carelessness was involved. Because of the complexities involved in proving this element of an occurrence, many states have adopted rules for strict liability, or provisions for compensating for injuries attributed to defects without having to prove negligence.

In order for strict liability to be applicable to a case, it must be proven that:

• An injury was caused by a hazardous defect that can be attributed to the design, manufacturing, or marketing of a product.
• The injury was sustained while the product was being properly used (as it was created)
• There have been no significant modifications to the product that helped cause the injury.

Some manufacturers or sellers of products attempt to prove their innocence by saying that an individual owned the product for quite some time and they are therefore not liable for an injury sustained due to their products. In these cases, if it can be shown that an individual had prior knowledge of a defect but disregarded it and continued to use a product anyway, the person may be unable to recover damages. A personal injury attorney who specializes in product liability can assist those with questions or concerns related to their individual case.