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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.

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