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Who is liable in strict product liability?

In strict product liability, multiple parties in the product’s distribution chain can be held liable for defects, regardless of whether they were negligent.

The liable parties typically include:

  1. Manufacturer:

    • The original manufacturer or producer of the product is a primary defendant. Strict liability places responsibility on the manufacturer for ensuring that the product is free from defects and safe for use.

  2. Distributor or Wholesaler:

    • Entities involved in the distribution process, such as wholesalers or distributors, can also be held strictly liable if they are part of the chain of distribution and the defect occurred while the product was in their possession.

  3. Retailer or Seller:

    • Retailers or sellers who sell the product directly to consumers can be held strictly liable. This includes both brick-and-mortar stores and online retailers.

Strict product liability aims to ensure that injured parties can seek compensation without the need to prove negligence. The focus is on the defective product itself and the harm it caused, rather than establishing fault or negligence on the part of the defendants. However, it’s essential to note that the specific application of strict product liability can vary based on jurisdiction and the circumstances of each case. Consulting with legal professionals familiar with product liability laws is crucial for understanding and navigating the complexities of strict liability.

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