The strict liability standard in product defect cases

2019-12-06T11:44:49+00:00February 28th, 2018|

Generally speaking, when a Los Angeles, California, resident gets hurt in a car wreck or another type of accident, the question he or she needs to ask is whether another person was negligent and thereby caused the accident. In other words, before getting compensation, an injured person is going to have to prove that, in some way, the responsible party fell short of its obligations to keep the victim safe.

This is not the case in products liability cases, which is the type of lawsuit an injured Californian would file were he or she to get hurt by a product that was designed in an unsafe manner or just had a defect or problem from the manufacturing process.

For this reason, manufacturers of products and those who sell consumer products on the commercial market can be held strictly liable for the defects in the product if those products wind up hurting or killing a consumer. This means that a victim or the victim’s family need not have to prove that the seller or manufacturer was careless or even foresaw the problem with their product; if the product is “unreasonably dangerous,” then the manufacturer or seller will pay for any injuries that product causes.

Strict liability does not, however, mean that a Los Angeles victim can just walk in to a courtroom and demand compensation. There are still a lot of things a victim will have to prove, and manufacturers could still try to avoid responsibility. This is one reason victims of defective or dangerous products should consider seeking out the advice an attorney with experience in these matters.