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Usera & Snow, P. C.

What is strict liability?

On Behalf of | Jan 8, 2020 | Products Liability

When buying a product, you never expect that it will harm you or your family. However, dangerous products make it to the market all the time. Before a recall occurs, you could use the product and suffer harm. This is why there are product liability laws in place in Oregon. These laws can help you to hold the manufacturer of a product responsible for your injuries.

The Legal Information Institute explains there are three types of product liability claims. These include breach of warranty, negligence and strict liability. Strict liability is the idea that the manufacturer is liable for any injuries you incur from the use of its products regardless of the intent of the manufacturer to harm you.

Broken down, that simply means intent plays no role in a strict liability claim. The manufacturer probably did not intend for the product to hurt anyone. This is a given in a product liability case. If intent were a requirement, then it would be almost impossible to hold a manufacturer liable.

Strict liability gives you the chance to only prove that the product had some type of defect and you suffered an injury because of that. You can show a defect in the design or manufacturing of the product. You also can show a defect of marketing, which is where there is an issue with warnings or instructions for the product.

Strict liability gives you the opportunity to recoup expenses from your injuries and to ensure the manufacturer makes changes so that what happened to you will not happen to anyone else.