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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 Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990. Sarah has a son, Benjamin, who recently graduated from The Gregory School and will attend ASU in the fall, with future plans to attend law school and eventually join Showard Law Firm. In her spare time Sarah enjoys horseback riding and spending time in Sonoita with her husband Peter.

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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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2016 marked the 10th anniversary of Showard Law Firm. After 18 years of practice, and a prior ten-year partnership, Sarah Showard and her longtime assistant, Maria De La Rosa, opened the doors of Showard Law Firm in October 2006. Sarah and everyone at Showard Law Firm is proud to serve Southern Arizona as the local law firm for defective drug and medical device claims and personal injury.