Strict Liability

Strict liability is a legal doctrine that makes a person or company responsible for their actions or products which cause damages regardless of any negligence or fault on their part.

When a plaintiff files a personal injury claim under strict liability law, he or she doesn’t need to show intentional or negligent conduct – only that the defendant’s action triggered strict liability and that the plaintiff suffered harm or injury. Strict liability also may apply in the case of certain manufactured products. Anyone involved in the manufacture or sale of the product can be held responsible if it was defective and someone was injured. Negligence does not have to be proven.

In order for a plaintiff to make a claim based on manufacturing defects, the following must be true:

  • The defendant is the manufacturer of the defective product
  • The product contained defects when purchased
  • The defect existed when the defendant sold the product
  • The defect was responsible for the plaintiff’s injury
  • The plaintiff did not tamper with or misuse the product
  • The injury sustained must be foreseeable by the manufacturer

If the plaintiff can prove that the defendant was aware of the defect when the product was sold to him or her, additional damages may be awarded. Also, if the product is proven to be inherently unsafe and the consumer was aware of that danger, the manufacturing could be exempt from liability. Additionally, speeding is a good example of a strict liability offense. Laws allow for drivers to be ticketed and punished for strict liability offenses, even when the driver was merely reckless about monitoring his or her own speed.

If you have suffered personal injuries due to a defective product, or other cases involving strict liability, contact the personal injury law offices of Maggiano, DiGirolamo & Lizzi to discuss the circumstances surrounding what happened and learn how to proceed with legal action against those responsible. Our attorneys are passionate about helping clients obtain financial compensation for their suffering and we will aggressively fight on your behalf. Contact us at our Fort Lee, New Jersey or New York City offices.

2014-01-21T23:23:49+00:00