Product Liability Strict Liability

When a defective product causes harm, you might assume you must prove the manufacturer was careless. But in many cases, you don’t — that’s where strict liability comes in. This legal principle can make it easier for injured consumers to recover compensation without needing to prove negligence.

In this guide, we’ll explain what product liability strict liability means, how it works, and how to protect your rights if you’ve been injured by a defective product.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products. These claims generally fall into three categories:

1. Manufacturing defects – Flaws that occur during the production process (e.g., a faulty batch of brake pads).

2. Design defects – Issues with the product’s design that make it inherently unsafe (e.g., a ladder that tips over too easily).

3. Failure to warn (marketing defects) – Missing or inadequate instructions and safety warnings (e.g., a medication without side effect warnings).

What Is Strict Liability in Product Cases?

Under strict liability, you don’t need to prove the manufacturer acted negligently — you only need to show:

• The product was defective.

• The defect caused your injury.

• You were using the product as intended (or in a reasonably foreseeable way).

This means even if the manufacturer took all reasonable safety steps, they can still be held liable.

Examples of Strict Liability Cases

Here are real-world examples where strict liability could apply:

• Defective power tools – A faulty safety switch causes a serious injury.

• Contaminated food products – A harmful bacteria outbreak in packaged salad.

• Automotive defects – Airbags that fail to deploy during a crash.

• Pharmaceutical issues – A medication with dangerous undisclosed side effects.

Who Can Be Held Liable?

In a strict liability case, responsibility can fall on multiple parties in the chain of distribution:

• Manufacturer

• Wholesaler

• Distributor

• Retailer

Even if the defect originated with the manufacturer, the retailer who sold the product can also be held accountable.

How to Prove a Strict Liability Claim

While you don’t have to prove negligence, you do need evidence:

• Proof of purchase (receipt, invoice, or bank statement)

• Medical records documenting your injury

• Photos or videos of the defect

• Expert testimony (e.g., engineers or product safety specialists)

• The defective product itself for inspection

Damages You Can Recover

A successful product liability strict liability claim can cover:

• Medical expenses (current and future)

• Lost wages or loss of earning capacity

• Pain and suffering

• Emotional distress

• Property damage (if applicable)

Statute of Limitations

Each state has its own deadline for filing a product liability lawsuit. In many states, it’s 2–3 years from the date of injury, but it’s crucial to check your local laws to avoid losing your right to compensation.

Why Consumers Benefit from Strict Liability

Strict liability shifts the burden from the injured consumer to the manufacturer. This means:

• Faster resolution – No need to prove negligence.

• Stronger consumer protection – Encourages companies to prioritize safety.

• Fair compensation – Injured people are not left without options.

Frequently Asked Questions (FAQ)

1. Can I sue without proof of negligence?
Yes. Strict liability allows you to recover damages without proving the manufacturer was careless.

2. Does strict liability apply to used products?
In most cases, it applies to new products, but certain exceptions exist if the used product was sold by a business.

3. What if I modified the product?
If your modifications contributed to the defect, your case may be weaker.

4. How long do I have to file a claim?
Deadlines vary by state — usually 2–3 years.

5. Do I need a lawyer?
While not required, an attorney can greatly improve your chances of winning.

Call to Action

If you or a loved one has been injured by a defective product, don’t wait — your legal rights may expire. At Toby Hansen Agency, we help protect your financial future by connecting you with coverage that shields you from unexpected product liability claims.

We search nearly 100 carriers to find the lowest price with the best coverage for your needs.