What are the elements of a strict liability product liability claim?

In Kansas, a strict liability claim in a product liability case is a type of legal claim that does not require proof of negligence or fault on the part of the manufacturer or seller. In order to bring this type of claim, the plaintiff must prove that the product was sold in a defective condition that was unreasonably dangerous, and that the defect was the cause of the injury or damages. The elements of a strict liability claim include: 1. That the product was sold in a defective condition that was unreasonably dangerous; 2. That the defect existed at the time of sale; 3. That the defective product caused injury or damages; and 4. That the plaintiff was using the product as intended. In addition, the plaintiff must also prove that the defect was not caused by misuse, alteration, or modification of the product. Furthermore, strict liability does not apply if the plaintiff was warned of the dangers of the product and continued to use it despite knowledge of the hazard. Finally, a plaintiff can also bring a claim based on a failure to warn or a design defect, both of which would require proof of negligence or fault on the part of the defendant. Overall, a strict liability product liability claim can help a plaintiff seek damages from a manufacturer or seller if the product was unreasonably dangerous and caused injury or damages. The elements of a strict liability claim must be proven in order to be successful.

Related FAQs

Who can be held liable in a product liability case?
What are the types of defenses that may be raised by the defendant in a products liability claim?
What is a breach of warranty?
What is the burden of proof in a product liability case?
What is a “dealer’s knowledge” defense to a product liability claim?
What is a warning label defense?
What type of evidence do I need to prove a product defect?
How can I tell if a product is defective?
What is a “failure to inspect” defense to a product liability claim?
What is a “risk-utility” defense to a product liability claim?

Related Blog Posts

What Is The Scope of Dangerous Products Law? - July 31, 2023
How Can a Lawyer Help Me With a Dangerous Product Lawsuit? - August 7, 2023
What Are the Most Common Dangerous Product Lawsuits? - August 14, 2023
Understanding Product Liability and Negligence in Dangerous Products Law - August 21, 2023
Defending Against Dangerous Products Law Claims - August 28, 2023