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Learning that Strict Liability is a Thing

Recently, I was reading about injuries caused by defective products and was surprised to learn about the concept of strict liability. So I know that for many personal injury cases, the victim of the accident can seek compensation from the person that caused the accident.

My understanding thus far hinged on the knowledge that the person being sued had in some way, through negligence or carelessness, caused the accident. Because that person was careless and not doing or accounting for something they should have been accounting for, it left someone else worse off. In this way, the conduct of the defendant matters a lot in establishing responsibility.

In the case of strict liability, the conduct of the defendant does not matter. They could have done everything that they needed to in order to clear the product to be sold, but if it poses an inherent threat to consumers, strict liability dictates that they are ultimately responsible for those injuries.

If a company makes housewares and they don’t test their products properly, when the products later harm the consumer, the company is on the hook for the injury. According to the site of William J. Luse, Myrtle Beach Personal injury lawyer, accident victims shouldn’t be left to cover their expenses if their accident was caused due to no fault of their own. Simple enough.

However, strict liability takes this concept even further, mentioning that even if the company did everything in their power to ensure the product’s safety, the company can still be held legally accountable if a consumer is injured while using their product.

Apparently, strict liability became a legal option in order to help victims who were having trouble winning their cases. Victims who were clearly injured for using the product correctly were not able to achieve favorable legal results because proving that the manufacturer behaved a certain way was too difficult.

In order to successfully win a strict liability case, the victim and their lawyer must be able to prove that the condition of the product was unsafe as sold, the manufacturer did not intend for any changes to be made to the product before it reached the consumer, and the victim sustained physical or property damage as a result of using the product.

The blame for product liability cases can fall on multiple parties which include the product manufacturer, the distributor, or the retailers. A lawyer is useful in determining if one or a couple of these parties can be held responsible for the harm caused by the product. In the chain of production and distribution, there are plenty of things that can go awry so having some perspective from a seasoned lawyer is typically helpful in making a useful determination.

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