Personal Injury Law

Products Liability

Why would it be fair to impose strict liability on the manufacturer of a product?

One theory behind allowing strict liability as a basis for recovery in products liability law is that consumers need protection from harm and need compensation for injuries. Thus, the thinking is that risk should be allocated to manufacturers who are better able to absorb the costs and bear the risks associated with the injuries than consumers. A related theory is that manufacturers and sellers are able to incorporate the cost of liability and injuries into the creation of the product itself. Another theory is that many modern products are sophisticated and the average consumer will not be able to prove that a manufacturer was negligent in the creation of the product. Thus, strict liability will allow more consumers to recover damages in tort actions.


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