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Legal Conditions in Establishing Strict Liability for Manufactured Products

By Edited Sep 15, 2016 0 0

Strict liability is a doctrine that focuses on the quality of the product rather than the person's negligent act. The liability falls on the manufacturer who caused an inherently hazardous product.

The complainant or plaintiff needs to prove that the dangerous product caused the accident, leading to his/her injuries. The manufacturer will then have to compensate the plaintiff's medical expenses regardless of who is at fault in the accident.

California Supreme Court has instituted the strict liability doctrine to deal with defective component part complaints as influencing accident cases.

Strict liability theory was created in response to the difficulty for a customer to prove the negligent act of the manufacturer, or monitor thoroughly a product before purchase. Thus, strict liability allows victims of hazardous or defective products receive compensation from the injuries sustained.

In establishing strict liability, the following conditions must be present:

1. The product has a tremendous danger that caused you injuries. The defect could have occurred during the design/ manufacturing/ marketing phase of the product.

Design defect refers to the error occurred during the planning of the product's model or

its components.

Manufacturing defect refers to the error occurred during the production phase. The owner failed to abide with existing federal and state regulations on product quality and standard.

Marketing defect refers to the failure of the manufacturer to inform the user on the potential and known hazards of the product.

2. The plaintiff has used the product within its intended purpose when the accident occurred.

3. The plaintiff has not altered the product as to which can affect its performance.

Defenses for strict liability lawsuit

The manufacturer can have several legal defenses against your strict liability claim.

These are:

1. The plaintiff or user has been aware of the product's defect or condition, yet continued using it.

2. The customer failed to use the product according to its intended use, as shown in the product description and instruction.

3. The user has done significant changes to the product that has caused it to diminish performance quality.

If you are injured by defective manufactured product, you can use the theory of strict liability in pursuing a Product liability lawsuit. It allows you to prove the manufacturer's responsibility in compensating your injuries caused by his/her inherently hazardous product.

You may need a professional Product Liability Expert, Personal Injury Lawyer in Los Angeles to help you establish strict liability, and file the necessary lawsuit to help you recover damages.



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