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The Difference Between Product Liability and Strict Product Liability

Published on Jun 18, 2021 at 9:19 pm in Product Liability.

The Difference Between Product Liability and Strict Product Liability

When you buy a product, you expect it to work as advertised. When you follow the directions and take it or use it as instructed, it should work the way that it claims to work. When an adverse reaction happens or it harms you, that’s when you can hold the company or seller accountable for their negligence. When that product is inherently dangerous, it could even fall under strict liability rather than just product liability.

You might be wondering whether your injuries would be better suited for product liability or strict product liability. At Bey & Associates, we’ve got you covered. Our product liability lawyers are here to guide you through the legal process so that you’re taking the right steps to the best outcome possible for you.

Product Liability vs. Strict Product Liability

Product liability laws are there for you when something that you buy turns out to be defective and causes you to suffer from injuries and other damages. Usually when that happens and you decide to hire a lawyer to hold the manufacturer accountable for those injuries, the first thing your attorney would do is prove the other party was negligent.

However, there are scenarios when your product liability lawyer would not have to prove negligence in order to get you the compensation you deserve for your injuries, and that would be if there is strict product liability. With strict liability, it doesn’t matter if the manufacturer had good intent, acted reasonably, or took the steps to prevent the product from being defective.

If what the company has made is inherently dangerous, then negligence does not have to be proven when it harms the person who uses their product as it is intended. When you bring forth a claim of strict product liability, you won’t have to bring forth proof of the manufacturer’s negligence, you’ll just have to show that it injured you.

Let’s take a look at the elements of strict product liability so that you know when the injuries that you’ve suffered can be compensated without worrying about proof of negligence.

Proving Strict Liability

In a regular product liability claim, your lawyer will work on proving fault through proving the manufacturer’s duty, breach of that duty, and that breach causes injuries and subsequent damages. When strict liability comes into play, it’s not necessary to prove those elements. There are three different types of product defects that fall under strict product liability:

  • Defective design. Even if a manufacturer has good intentions with their product, if the design is inherently dangerous, then it could easily cause injuries even if it’s used in the intended way.
  • Manufacturing defect. Even if the design itself is safe, sometimes when that design is manufactured, defects happen along the way. If there is a mistake that happens at any point of the manufacturing process, then that could cause a defect that makes the product inherently dangerous.
  • Marketing flaw. Sometimes the problem lies within how the product is marketed. If it’s marketed in one way, and the consumer uses the product as it’s marketed for, and they suffer from injuries, then that would be a flaw in the company’s marketing because they advertised it incorrectly.

When you use a product as it’s intended and you suffer from injuries, you shouldn’t have to worry about how you’ll pay for the bills you incur. With the help of a product liability lawyer, you’ll be able to get the compensation you deserve. And if strict liability is applicable, you won’t have to prove the company’s negligence in order to financially recover what you’re owed.

You Can Trust Your Attorney from Bey & Associates

After you’re injured by a defective product, you might be wondering what your next steps are. That’s where an Atlanta product liability attorney comes into play. At Bey & Associates, we’ll handle your claim so that you don’t have to worry about the legal side of things and can focus on your healing.

When you have a lawyer on your side, they’ll be able to determine if you have a regular product liability claim or if strict liability applies. This can seem complicated, which is why an attorney is essential for this process. Reach out to our office today so that we can get started on your case as soon as possible.