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

What is the Restatement Second of Torts?
What is a “contributory negligence” defense to a product liability claim?
What is the difference between a manufacturer’s defect and a design defect?
What should I do if I am injured by a defective product?
Can I receive compensation if my injury is caused by a defective product?
Can I sue the manufacturer of a defective product if I was injured while using it?
What is a “comparative negligence” defense to a product liability claim?
What is a “product misuse” defense to a product liability claim?
What is a negligence defense?
What actions can I take if I am injured by a defective product?

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

Related FAQs

Related Blog Posts