Buford Accident Attorney Answers the Question: What Does Strict Liability Mean?
When you hear of products liability, what comes to mind?
You mind think of a company being liable for a defective product. Companies that sell and/or market products that are defective or otherwise substandard when their products are used as intended may in fact be liable. However, each individual case must be evaluated to determine if there has been a defective product.
According to Buford law, manufacturers may be held liable for injuries or fatal accidents caused by their products. One of the legal theories is known as “strict liability.” This legal theory says that a supplier or manufacturer can be held liable where there is not a defect with the product. Therefore, when a product performs as intended, a manufacturer or supplier can still be held liable if the end user has an injury or death related to the product.
Liability can still be claimed and established because this legal theory has been interpreted to mean that even though a product works according to the manufacturers’ specifications, and it is not defective in any way, the design of the product itself poses an inherently dangerous risk to the use. Items can include a stove, nail gun, or countless other items. Courts have found manufacturers liable because they should have known the product they have produced should not have been marketed to the injured audience.
Some examples of companies that might be held liable for strict liability cases include animal care businesses, hazardous material handlers and some product manufacturers. Say a tire manufacturer was accused of strict liability. A plaintiff would not need to prove that the manufacturer failed to ensure a good tire. Instead, a plaintiff would only need to prove that the tire was defective and caused injuries or death. This is just one example and may be applied to many other businesses, but must be studied carefully before charges can be alleged and proven in court.
If you have used a product and/or service and it has caused you or a family member injuries or death, then you may have a product liability claim. If you think you have a strict liability product claim, then you need to speak with a Buford accident attorney. You can call the Law Offices of Shane Smith at (770) 487-8999 today for your free legal consultation where you can speak with a Buford PI attorney who will evaluate your circumstances and let you know if you have a case!