What Is Strict Product Liability?

 Posted on March 15, 2018 in Product Liability

When we use consumer products, we expect them to be reasonably safe. However, products often make their way through the design and manufacturing process and become available for sale even though they have some sort of defect that causes danger to people who use them. When somebody is injured by a defective product, it is important to understand the options for pursuing compensation from the parties who were liable for their injuries.

Types of Product Defects

Defective products typically fall into one of three categories:

• Design defects - A flaw in the inherent design of the product that existed prior to the beginning of the manufacturing process. For example, vehicle brakes that were not designed correctly may fail, regardless of whether the correct manufacturing processes were followed.
• Manufacturing defects - A problem during the manufacturing process resulted in the product becoming defective or dangerous. For example, a food product may become contaminated during the packaging process.
• Inadequate warnings - A product does not contain sufficient information on how it should be properly used to avoid causing injury or harm. For example, a person may be harmed by a drug which did not contain adequate information about side effects or interactions with other drugs.

Negligence vs. Strict Liability

In many personal injury cases, injuries are caused by the liable party’s negligence, meaning that this person failed to exercise the proper care to keep others safe. While negligence may be a factor in product liability cases, many cases involve the legal doctrine of strict liability, in which a manufacturer or seller of a product may be liable for injuries caused by the product, even if they took care to ensure that the product was safe.

To demonstrate strict liability, a plaintiff must show that the product was unreasonably dangerous when used in its expected manner, that these dangerous conditions existed at the time of the product’s sale, and that they were injured because of the defect.

Contact an Aurora Product Liability Attorney

If you have been injured while using a defective or dangerous product, you need a skilled, experienced attorney on your side to help you pursue the compensation you deserve for the damages you have suffered. At Kinnally Flaherty Krentz Loran Hodge & Masur, P.C., we will thoroughly investigate the circumstances of your injury and provide you with the resources you need to prosecute your case. Contact a Kane County defective products attorney at 630-907-0909 to schedule a free consultation.

Sources:

https://www.law.cornell.edu/wex/products_liability

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/400.00.pdf