Strict Liability



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Definition of Strict Liability

Strict liability means that a company, business or person may be responsible for their defective product or personal actions regardless of whether or not they were negligent or they had the intent to injury. Personal injury claims may be filed under strict liability laws, and the plaintiff in the personal injury claim does not have to prove the elements of duty, breach of duty, causation or loss to win compensation. To win compensation in a strict liability case the plaintiff must only prove that they were injured by a defective product or action and suffered loss.

Strict liability laws can vary be state but generally apply to individuals who are engaged in inherently dangerous activities or in the case of manufactured products. For product liability claims, the manufacturer or seller of a defective product may be held liable if a defective product injures someone. The plaintiff does not have to prove negligence, only that the product was not misused or tampered with, and the product had a manufacturing, design or warning defect. Strict liability cases frequently compensate victims for their losses, but punitive damages may or may not be awarded.



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