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Strict Liability in Product Liability Cases

Posted by Sarah Showard | Apr 21, 2013 | 0 Comments

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One of the most common ways to prove fault and to hold manufacturers and/or retailers accountable for their dangerous products is through proving strict liability.

When a defective product causes injuries to (or in the worst cases, the death of) a person, the injured party (or the family of the deceased individual) will likely have a strong product liability case. It's important to point out that product liability cases can involve any number of products, including (but not limited to):

  • Children's toys and furniture
  • Motor vehicle parts or equipment
  • Household appliances and goods
  • Textiles, such as paints, tiles, moldings, etc.
  • Power tools
  • Medical devices

One of the most common ways to prove fault and to hold manufacturers and/or retailers accountable for their dangerous products is through the theory of strict liability, which allows injured parties seek compensation for their injuries and losses without having to point out a particular negligent act (as determining at what point in the manufacturing, design, assembly, advertising, etc. process that a misstep was made is prohibitively costly and time-consuming to consumers, particularly those who are trying to recover from injuries).

In order to qualify to have a strict liability argument in a product liability case, all of the following must apply to a particular case:

  • The product or device had a defect that would be considered to be dangerous by any reasonable person. The defect may have arisen from a poor design, shoddy manufacturing, poor instructions or warnings on how to use or operate the product, etc.
  • An injury was sustained as a direct result of the product's defect when the product was being used as instructed by the manufacturer.
  • No alterations were made to the product after the point at which the consumer purchased and used it.

If you or a loved one has been injured and you believe that the injuries were caused by a defective or dangerous product, contact the experienced Tucson product liability lawyers at the Showard Law Firm. For more than 20 years, we have been standing up for victims' rights and helping them win the compensation they deserve. For a free evaluation of your case and professional advice regarding the best manner in which to move forward, call us at (866) 307-2147.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Womens Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorne...

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Showard Law Firm is dedicated to compassionate representation for our clients who have been injured by defective products, dangerous drugs or the negligence of any individual or company. We are experienced in litigation and ready to ensure you receive the maximum possible settlement for your injuries, medical bills, mental anguish and other losses.

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Sarah and Peter are the proud chairs of this year's Heart and Stroke Ball, held on 2/17/18 at the El Conquistador. With a western theme "Heart of the West", this important fund raiser is in its 60th year, all raising funds to help with research and advances in the case against heart disease in the Tucson community.