What is at least one type of a product liability claim?

One type of product liability claim is a strict liability claim. Under strict liability, the injured party does not need to prove that the manufacturer or seller was negligent; instead, they only need to show that the product was defective in one of several ways and that defect caused their injury.

Key Points

• Strict liability claims focus on defects in design, manufacturing, or marketing (such as failure to warn).

• The plaintiff must show the product was defective and the defect caused their injury.

• Proving negligence is not required in strict liability cases.

• Defects are generally grouped into design defect, manufacturing defect, and failure-to-warn defect.

• Businesses need to understand how strict liability differs from other claims, like negligence or breach of warranty.

• Having product liability insurance that covers strict liability claims is important for protecting your business.

Strict liability is one of several types of product liability claims. It’s frequently used because it imposes responsibility on manufacturers and sellers without requiring proof of wrongdoing. This means that even if a company took all possible precautions, it could still be liable if a defect exists.

Types of Defects Under Strict Liability

• Design defects occur when the product’s blueprint or plan is inherently unsafe. Even if every product is built according to that design, all units carry risk.

• Manufacturing defects occur when specific units deviate from the intended design—those deviations make them dangerous. Not all units are affected, only the ones where mistakes happened.

• Failure-to-warn (marketing) defects exist when products lack adequate instructions or warnings about risks or proper use. Even a well-designed product can be dangerous if users are unaware of hazards.

Examples of Strict Liability Claims

1. A toy is designed with small detachable parts that pose choking hazards. Even though the design follows standard manufacturing, the entire line is unsafe—this is a design defect.

2. A batch of power tools has a faulty electrical component: most work fine, but one batch overheats. That specific batch is the site of a manufacturing defect claim.

3. A chemical cleaner packaged without warning labels about skin irritation. Users suffering burns due to lack of warning could bring a failure-to-warn claim.

How Strict Liability Compares to Other Claim Types

Other kinds of product liability claims include negligence and breach of warranty. Here’s how strict liability stands out:

In negligence, the injured party must show that the seller/manufacturer failed to act as a reasonable entity would. Breach of warranty involves failing to meet explicit or implied promises about the product.

Why Understanding This Matters

• Companies face serious risks if they ignore strict liability. You don’t need to make a mistake to be liable—just a defect.

• Legal costs, damage awards, recalls, and reputational loss can be enormous.

• Insurance policies need to specifically include coverage for strict liability claims with appropriate limits. Policies that exclude strict liability or limit coverage expose the business to risk.

• Knowing this helps in designing safer products, writing clearer warnings, and choosing better safety testing.

Frequently Asked Questions

What must a plaintiff prove in a strict liability claim?
They need to prove the product was defective (design, manufacturing, or warning), that defect caused the injury, and that the product reached them without substantial change after manufacture.

Can a manufacturer avoid liability by showing they tested the product thoroughly?
Not under strict liability. Testing does not shield from liability if a defect still exists and causes harm.

Is strict liability recognized everywhere?
Most jurisdictions allow strict liability in product liability law, though exact rules and scope can vary by country or state.

How does failure-to-warn differ from design defect?
A design defect is about the product itself being flawed in its blueprint; failure-to-warn is about lacking adequate instructions or risk communication.

Do I need product liability insurance that covers strict liability?
Yes—if you manufacture, distribute, or sell products. Insurance helps handle legal defense costs, settlements, and damages.

Protecting your business from product liability claims starts with knowing what kinds of claims exist. Strict liability is a major one. Ensuring your products are safe, warnings are clear, and your insurance covers these claims is critical.

Fill out the form below to get a quote for product liability insurance that specifically covers strict liability risks tied to your products.