Product Liability Information

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Strict Liability

Strict liability mandates that responsibility for some accidents automatically rests with the defendant rather than the plaintiff. Strict liability laws shift the burden of proof, increasing the social accountability of the defendant. Situations requiring strict liability include blasting and keeping dangerous animals. Under the regulations of strict liability, anyone who engages in an activity known to endanger others assumes responsibility for resulting damages.

Strict liability applies regardless of any precautionary measures taken by the defendant. For instance, a strict liability case exists if blasting damages property-regardless of any measures the blasting company took. Under strict liability law, some activities carry such high risk of damage that responsibility for the outcome is absolute. Strict liability in product law, for instance, holds accountable everyone from the manufacturer to the reseller for dangerous products. Strict liability on the part of everyone who profits from the product increases consumer safety. In a strict liability case, if a product injures someone, even if the injury results from improper use, the strict liability for the injury rests with the manufacturer, wholesaler, and reseller, not the consumer. Strict liability assumes that the producers and sellers of products anticipate any injury from its use or misuse.

Strict liability laws are written and enforced at the state level; there are no federal mandates for strict liability. This means that the laws for cases of strict liability can vary widely from state to state. If you have a strict liability case, it is best to consult an attorney familiar with this specialized area of tort law about your rights.

Product Liability Breaking News

"Bumbo Baby Sitter Seats Recall"

The Consumer Product Safety Commission announced on Thursday the recall of one million foam baby seats sold at major retailers like Target, Wal-Mart, Toys “R” Us, Kmart, Sears, and USA...

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"Third Recall of Mattel Toys This Summer"

In its third recall issued this summer, Mattel is asking consumers to beware of excessive amounts of lead paint in nearly 800,000 toys including Barbie accessories, Geo Trax locomotive...

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