Product liability and strict liability
Posted on:1/3/2006
| Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. |
Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective. Because stict liability is a harsh regime for a manufacturer, who is forced to pay for all injuries caused by his products, even if he is not at fault, strict liability is applied only to manufacturing defects (when a product varies from its intended design) and almost never applied to design and warning defects. The first case to apply strict liability to manufacturing defects involved an exploding Coca-Cola bottle.